Alameda County Superior Court
Civil Court Self Help

Introduction

NOTE: This website does not provide legal advice.  This is only general information. Talk to a lawyer for help with your case.

This section tells you about:

1. Introduction to Civil Court
2. What are Civil Court cases?
3. Do I need a lawyer?
4. What is a Guardian ad litem?
5. How can I solve this without going to court?
    

1.       Introduction to civil cases:

"Civil" cases are those that are not about breaking a criminal law (called a violation of criminal law).

There are many different kinds of cases in Civil Court. We have separate sections for the main kinds of civil cases:
 

·         General Civil Cases:
Cases about contracts, damage to property or someone getting hurt.

·         Family Cases:
Divorce (called dissolution of marriage), child support and child custody cases.

·         Juvenile Cases:
Cases about child abuse and neglect (called juvenile dependency). Or, when someone under 18 breaks the law (called juvenile delinquency).

·         Landlord/Tenant Cases:
Cases about renting or leasing a place (called real property). We give you information about "Unlawful Detainer" cases — this means whether or not the tenant can stay on the property.

·         Small Claims Cases:
Civil cases that are worth $5,000 or less. Parties represent themselves without lawyers.

·         Probate Cases:
Cases about taking care of people and their personal affairs. For example:
 

o        Using a Will or Trust to transfer property after someone dies,

o        Guardianship and conservatorship for people who can’t take care of themselves or handle their own finances,

o        Name changes,

o        Adoption, and

o        Elder abuse.

2. What Are Civil Court cases? 

Civil Court actions:
You file your case, or "action" in Civil Court if you think you’ve been hurt, financially or physically. When you are hurt physically or financially, it’s usually called a "tort". The Civil Court deals with things like car accidents, and contract disputes.

There are other kinds of cases in Civil Court, too.

Civil Court cases are divided into 3 sections, depending on how much they’re worth. If your case is worth:

• Less than $5,000.00, you can file your lawsuit in Small Claims Court.
• $25,000.00 or less, you can file it as a “Limited Jurisdiction” civil case.
• More than $25,000.00, you can file as an “Unlimited Jurisdiction” civil case.

How Civil Court works:
If you file a Limited or Unlimited Jurisdiction case, there are 6 steps:  

• Prefiling,
• Filing,
• Discovery,
• Pretrial,
• Trial, and
• Post-Trial

Prefiling:
There are a lot of things to do to get ready before you file a lawsuit.

Filing:
Filing starts when you fill out your papers to start a Court action. After you file your papers, you have to wait for the other person to default or answer.

Discovery:
Discovery starts 30 days after the other person answers. This is when you and the other person exchange information and learn about the strengths and weaknesses of your case.

Pretrial:
If you can’t settle your case, this is when you get ready for the trial. This is when you make decisions, like if you need an expert witness, and have settlement conferences with the judge.

Trial:
Your trial can last 1 day or many months. It depends on how complicated the case is.

Post-Trial:
This means after the trial. This is when you can appeal or collect your judgment.

Remember: If you do not have a lawyer, you will have to act as your lawyer. You will be expected to know all applicable laws and court procedures, and will have to deal with every part of your case by yourself.  The judge or the other person’s lawyer will not be able to help you.

You can find the court’s rules, laws, and procedures in: 

• The California Code of Civil Procedure, and
• The California Rules of Court, and
• The Local Court Local Rules in the county where you file your case.

Read these resources before you start. You can get them at your local County Law Library and online.

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3. Do I need a lawyer?

There are many good reasons to have a lawyer:

• Lawyers know the law. They know the little things that can confuse you if you are not used to them.
   
• Lawyers know what to do if the other side doesn't "play fair". They know when that happens.
   
• Lawyers know about how judges like to run their courtrooms. They know when to ask for a jury trial, or a Court trial.
   
• Lawyers know what juries are like, and what a jury may likely do in your case.
   
• A lot of lawyers have gone through this hundreds, sometimes thousands, of times. It's the lawyer’s job. Some do it 12 hours a day. Even for a lawyer, it can be hard emotionally.

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4. What is a Guardian ad litem?
   
   If you are under 18, you need something called a “Guardian ad litem”. This is usually a parent or legal guardian. "Guardian ad litem" means "guardian for the lawsuit". To get one you just have to fill out a Court form.

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5. How can I solve this without going to Court?
   
   Contact the other party. Or contact their lawyer. Ask them to negotiate so you can settle the case without going to trial. If that doesn’t work, try a mediation program in your community. The court also has a list of Alternate Dispute Resolution (ADR) mediators. Go to the ADR section of the court's main website.

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