If you are thinking of taking someone to court, there are four things to prepare in advance. By preparing ahead of time, you will get the most out of your legal representation.
Recent legislative changes, such as the amendment to California Civil Procedure § 2016.090, emphasize the importance of gathering evidence for your case. Parties to a lawsuit are legally required to share evidence during what is called "discovery."
Discovery, in the context of civil litigation, is a process where each party to the case gathers and requests information or evidence in preparation for the trial. So, give your case the best chance of success by bringing these 4 types of evidence to your legal consultation:
Witness List – Compile a list of people who have personal knowledge of key facts in the case, consisting of names, addresses, telephone numbers, and email addresses. You can even add notes about what the person witnesses. It will also help to add a section for witnesses that might support the other party's case.
Documents – Documentary evidence includes paperwork and also digital information. Phone logs are helpful--text messages and emails are even better. Documentary evidence includes everything from medical records to bank statements to social media and photographs. You should also make a list of documents that you think help your case, even if another person has the document, because your attorney can help you obtain the documents as part of the discovery process.
Contracts/Agreements – Official contracts are often key evidence in a case. But even handwritten deal points and emails describing agreements should be considered.
Insurance Polices – Disclose details of any insurance policies that may be applicable to your case, such as liability insurance or health insurance, and provide a copy of the policy to your attorney if you can.
In our experience, preparation is the best way to move cases forward and avoid lawsuits that seem to go on indefinitely. We represent clients in family court cases, probate cases, and some civil cases. Call (619) 567-6845 to schedule a free consultation with one of our experienced attorneys if you need legal representation in a lawsuit within San Diego County.