ROLE OF THE SUPERIOR COURTS A Superior court is the trial court in which a judge or jury decides cases by applying the law to the facts presented by witnesses testimony and “other evidence.” “Other evidence” includes medical records, photographs, charts, exhibits and other documentary type of information or demonstrative items, and may include the testimony of hired expert witnesses including the highly qualified, educated, (and usually rather costly) professionals. Superior courts are different from Appellate courts where people who are not satisfied with trial court decisions appeal their cases to Judges. According to the Judicial Council of California Administrative Office of the Courts, during the last fiscal year nearly 9,000,000 cases were filed in the Superior court at some 375 court locations throughout the state. Of these 9,000,000 cases, nearly 8,000,000 were civil -- the majority involving traffic matters -- and 460,000 were criminal. JURISDICTION Superior (and Municipal) courts have trial jurisdiction over all criminal and civil cases. Special departments of the court handle family, probate, mental health, juvenile, small claims and traffic cases. Many Superior courts also have speciality departments for non-violent drug offenses and domestic violence cases. Superior courts also handle cases in which parties ask for special relief such as an injunction or a declaratory order. Until 1998 all counties in California had both a Superior and a Municipal court. Superior courts handled cases of all value. Municipal courts would handle cases involving less than $25,000.00. Most counties also had a Small Claims court where cases valued at less than $5,000.00 could be tried very simply and without attorneys. Voter approval of Proposition 220 allowed the Superior and Municipal courts in each county to unify into one court intending to provide the public with more services and better access. Nearly every county in California now has a unified Superior court. Whether this has been helpful or has made the practice of law more difficult will depend upon who you ask. Attorneys generally find the consolidation and unification to be confusing and difficult for both attorneys and parties to understand. The goal however was to make the rules uniform between both levels of court so that everyone knows how to proceed. Prior to unification, the rules in Municipal court were different from the rules in Superior court. The fees were different from court to court, and the practice rules from locality to locality were also different. Unification has not corrected this. Eventually this will result in smoother dealings within the court system, but for now it has only added to difficulty and confusion experienced by litigants and attorneys. JUDGES The Superior courts have 1,580 judges statewide according to the Judicial Council of California. The California Legislature determines the number of judges in each court -- ranging from 2 in sparsely populated counties to more than 400 in Los Angeles County. Superior court judges serve 6 year terms and are elected by county voters on a non-partisan ballet at a general election. They can seize our field through appointment by the Governor. A Superior court judge (with the exception of former Municipal court judges in recently unified courts) must have been an attorney admitted to practice law in California or have served as a judge of a court of record, for at least 10 years immediately preceding election or appointment. CIVIL CASES Civil cases are brought against individuals or organizations by other individuals or organizations. In some civil cases the Plaintiff seeks money and damages to be paid by the Defendant. In other kinds of civil cases the parties ask the court to take certain action such as to sever marriage ties (i.e. Divorce), decide the custody of minor children, adjudge the mental competency of an aging or ill person, dispose of the estate of a deceased person or change a legal name. Other civil suits are brought to stop someone from doing something or to compel someone to act. A civil case generally does NOT involve imprisonment or fines or punishment of some kind by the state or government for wrongs committed. (This usually is a criminal case.) A civil case begins when the Plaintiff files a written document called a Complaint (or in some kinds of cases a Petition) with the Court. The clerk of the court issues a Summons that is served on the Defendant along with a copy of the Complaint. The Summons commands by the power of the court, that the Defendant must "appear" in court or at least respond by a written Answer or other permissible response with the clerk of the court. The Defendant generally has 30 days to file such an Answer or Demurrer with the clerk of the court (except in eviction cases where the defendant generally has only 5 days). A Defendant may answer by admitting or denying each of the allegations in the Complaint and set forth the reasons that the Plaintiff is not entitled to the relief he or she seeks. If the Defendant fails to respond in the time allowed by law, the Plaintiff may file for a judgment by default. This means that the Defendant no longer has any right to seek the assistance of the Court and the Plaintiff "wins". Before the actual trial begins, a Mandatory Settlement Conference (MSC) is often held with a Judge, or a case is sent to Judicial Arbitration to see if the parties can reach an agreement on their differences and a settlement before trial, after a discussion in a formal manner at Arbitration or an informal manner at Mediation. SETTLING DISPUTES OUTSIDE COURT ROOMS In recent years many California courts have established programs for Alternative Dispute Resolution (ADR). ADR encompasses a variety of techniques for resolving legal disputes before they reach the court room. ADR programs may have several different goals including offering litigants dispute resolution options that fit their needs, saving time and money for both the parties in the dispute and the courts, and reducing court congestion and the number of cases going to trial. Two popular forms of ADR are: 1. Arbitration. In arbitration a neutral party conducts a hearing, it receives evidence and decides the outcome of the dispute. An arbitration is more formal and typically proceeds much like a mini trial or dress rehearsal. Generally there is an opening statement by each party, the plaintiff presents their evidence in the form of witness testimony or documentary exhibits entered into evidence, the opposing side cross examines the witnesses and the evidence, and the opposing side then puts on its evidence in the form of witnesses or exhibits. Typically each side has a chance to offer additional evidence in rebuttal, and eventually each side then argues to the arbitrator how they believe the case should be decided. In most arbitrations the arbitrator takes the case under "submission" and makes a decision which is sent separately in writing. A. Judicial Arbitrations. Arbitrations set up through the courts are typically non binding on either party. They are merely advisory. If each side agrees in advance (or afterwards) to accept the arbitrator's award then the arbitrator's award may become the settlement. If one side disagrees with the arbitrator's award the case goes back on to the trial calendar and will eventually go to trial by judge or jury. There are serious financial consequences to rejecting an arbitration award under judicial arbitration. B. Private/ Commercial Arbitrations. Sometimes the parties are not required to go to Arbitration within the judicial system but choose to do so as an effective way of resolving a case. Where the parties agree, they may use any commercial arbitration service, attorney or judge available independently to hear such arbitrations. Often such arbitrations are costly, but can be money well invested in a case with a good arbitrator. Sometimes the parties may also agree to make the arbitrator's award binding. This means that whatever the arbitrator says in such a case “goes”. If the Plaintiff wins, then the other party has to pay immediately. Typically there are no rights of appeal following a binding arbitration. Generally following binding arbitration a case does not go on to trial, it is simply over. C. Mini-Maxi Arbitrations. In many instances involving binding arbitration, the parties can agree beforehand on guaranteed minimums or guaranteed maximums. A guaranteed minimum assures the plaintiff that he or she will reserve a certain award (usually of money) regardless of what the arbitrator might decide. If the arbitrator decides that the plaintiff should win $0.00, in a case with a guaranteed minimum or floor, the plaintiff will nonetheless (by contractual agreement) receive the agreed to minimum. Conversely, if an arbitrator's award were to be extremely high and if a Defendant who would be asked to pay has the benefit of a guaranteed maximum or ceiling, the Defendant would have to pay nothing more than the maximum amount. There are significant benefits to using a guaranteed minimum and guaranteed maximum in binding arbitrations. 2. Mediation. In Mediation, the neutral party does not decide the issue, but rather helps the helps the parties communicate so that they can settle the dispute themselves. The parties have a greater chance to participate in resolving their own dispute than they would in arbitration or trial. Typically the mediator helps both sides deal with offers and demands, and tries to reach common or middle ground. The goal of a mediator is to help the parties reach a settlement at the time of mediation, not to take sides or determine who should win. (Mediation is distinguished from arbitration, in that the arbitrator’s job typically is to decide after hearing the evidence (in a forum less formal than a regular court or trial.)) In some counties mediation services are available at low cost. More often mediation is sought by the parties on a voluntary basis outside of the court systems at cost with commercial arbitrator/ mediation services. JUDGMENT IN COURT ROOMS When the parties have reached an agreement to settle, or if the case has gone to trial when the jury reaches a verdict, (or where the judge renders a decision if there is no jury sitting in the case), a formal Judgment is entered by the court. The pronouncement of the decision and its reduction into writing is what is referred to as a Judgment or Order. The court has the power to enforce the Judgment in various ways such as by garnishing wages or attaching property. Typically the court however does not do this on its own accord. The parties or their attorneys are further required to take steps to request specific action or authority for action by the court, the Marshall, the Sheriff or other Judgment enforcing agencies. APPEALS A party who is dissatisfied with the decision of a judge or jury and believes it may incorrect can appeal the decision within a limited time and within certain parameters. Normally an appeal is not possible simply for dissatisfaction of the decision. Generally it is required that the appellant (one who appeals) prove error. A case appealed from the trial courts, will generally go to a local district of the State of California Courts of Appeal. If the Courts of Appeal decision is further appealed, it will generally be heard by the Supreme Court of the State of California. SUMMARY OF STEPS IN A CIVIL CASE 1. New Case Filed by Plaintiff/ Complaint (60 days to serve it) 2. The Summons and Complaint served on the Defendant personally (or by mail in other circumstances) (30 days to answer) ? 3. The Defendant’s legal Answer or general denials filed in Court ? 4. Case Management Conference to determine time frames (within 120 days of filing) ? 5. Discovery (Interrogatories, Depositions, Medical Examinations) (within the next 3 months to 1 year) ? 6. ADR or Alternative Dispute Resolution (sometimes Judicial Arbitration, Commercial Arbitration or Mediation) (binding or non-binding) (within 1st year to 18 months of case) ? 7. Settlement (or) ? 8. Trial by Judge or Jury (The courts goal is to push to get it to trial within 1 year or 18 months of filing date. YOUR RIGHTS IN COURT** (According to the Judicial Council of the State of California) People turn to the courts to settle their disputes when they are unable to settle them alone. California has two types of courts: Trial courts also called Superior court (although some counties also have separate Municipal and Superior courts...(now in most counties they are both unified into the one Superior court) and Appellate courts, which include the California Supreme Court and the 6 Districts of the Courts of Appeal. Then there’s the state supreme court, and ultimately the United States supreme court. Each county has one Superior court to hear civil and criminal cases although they very in size and often there are 1 to 27 branches within each county. You have rights that are guaranteed by the Constitutions and Statutes of the United States and California. These rights include: ? The right to sue for money owed to you and for other relief; ? The right to defend yourself against a lawsuit filed and served upon you; ? The right to be presumed innocent if charged with a crime; ? The right to defend yourself against all criminal charges; ? The right to a public and speedy trial by jury if you are charged with a felony or misdemeanor (criminal cases); and ? The right to an attorney by public expense if you are charged with a felony or misdemeanor (criminal case) and cannot afford an attorney. ? (These last two rights do not apply in civil cases) ? ** For more information visit the California Court's website at www.courtinfo.cal.gov including, guides to California Courts.