Legal Question in Civil Litigation in California

Re: Superior Court Filings--Are documents called ''briefs'' necessary?

The word "brief" is often used as a generic term for any type of pleading on a motion, or to submit to a mediator or arbitrator.

The required documents in a lawsuit are the complaint, answer, and responses to the discovery requests (i.e. interrogatories, requests for admissions, etc.) that the other side has served. Also, if the other side files any motions (e.g. a motion for summary judgment), you need to file an opposition.

If the judge sends you to mediation or arbitration, then you need to file your brief to argue your position.

Otherwise, there are usually no other required pleadings in superior court.

However, lawyers often prepare "trial briefs" if it is a judge trial, to argue their case one last time in written form.

You would need to consult an attorney to make sure that there is nothing else you need to file in your case.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

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