Litigation Lawyers in Allentown
"Civil procedure" in Allentown, Pennsylvania is a very broad term, and it refers to the wide variety of rules that govern how civil litigation is done. It is to be distinguished from substantive law, which controls the rights that civil litigation is meant to vindicate.
The rules of civil procedure in Allentown, Pennsylvania are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Allentown, Pennsylvania 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 Allentown, Pennsylvania Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Allentown, Pennsylvania is the complaint. The complaint is filed with the court in Allentown, Pennsylvania that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once the complaint and answer have been filed in an Allentown, Pennsylvania court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Allentown, Pennsylvania, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Allentown 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 Allentown, Pennsylvania Lawyer Help?
If you're facing any substantial legal issue in Allentown, Pennsylvania, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Allentown, Pennsylvania are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.
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