Litigation Lawyers in New Orleans
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in New Orleans, Louisiana. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
The civil procedure rules in New Orleans, Louisiana are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
Civil litigation in New Orleans, Louisiana is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major New Orleans, Louisiana Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a New Orleans, Louisiana lawsuit, and it is usually the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Therefore, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in New Orleans, Louisiana were written with the purpose of, among other things, preventing surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: Although the trial is arguably the most dramatic element of civil procedure in New Orleans, Louisiana, it is actually very rare for civil lawsuits to make it this far. Civil procedure in New Orleans is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a New Orleans, Louisiana Lawyer Help?
If you're facing a lawsuit in New Orleans, Louisiana whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
In New Orleans, Louisiana, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.
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