Litigation Lawyers in Anchorage
In Anchorage, Alaska, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
In Anchorage, Alaska, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.
Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Anchorage, Alaska are also going to be somewhat convoluted and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Anchorage, Alaska Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Anchorage, Alaska is the complaint. The complaint is a document filed with an Anchorage, Alaska court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Anchorage, Alaska court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Anchorage, Alaska, because the rules of civil procedure in Anchorage, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Anchorage, Alaska Lawyer Help?
If you're facing any considerable legal issue in Anchorage, Alaska, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Anchorage, Alaska are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.