Litigating in California State Court, but Not a Local? Plan for the Procedural Distinctions — Pleading and Motion Practice


This is the third in Snell & Wilmer’s series, “Welcome to California Business Litigation.” California business litigation differs substantially from business litigation in most other parts of the United States, particularly for those used to dealing with Federal Rules-based civil procedures. California has various statutory regimes — among others, the Code of Civil Procedure, the Business & Professions Code, and the Evidence Code — of which businesses litigating in California must be aware in order to optimize their litigation outcomes.

In this series of articles, Snell & Wilmer lawyers familiar with both California and non-California business litigationpractices will share a series of tips—both procedural and substantive — that in house counsel may find useful in navigating the shoals of California business litigation.

Introduction -

Due in large part to the California Code of Civil Procedure that predates the Federal Rules of Civil Procedure, a civil lawsuit may progress differently in California state courts, i.e., California superior courts, than in other jurisdictions that are based, procedurally, on the federal rules. The differences between California state court civil litigation and federal rules-based jurisdictions can even be seen in some instances in the federal courts in California, as some of the local rules of these federal courts are similar to procedures of the California Code of Civil Procedure...

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