Litigation Lawyers in Juneau
In Juneau, Alaska, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
In Juneau, 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 confusing. So, there is no getting around the fact that the civil procedure rules in Juneau, Alaska are also going to be somewhat intricate 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 Juneau, Alaska Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Juneau, Alaska is the complaint. The complaint is a document filed with a Juneau, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Juneau, Alaska were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: It is truly quite rare for civil lawsuits in Juneau, Alaska to go to trial, since the rules of civil procedure in Juneau strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Juneau, Alaska Lawyer Help?
If you're facing any substantial legal issue in Juneau, 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 Juneau, Alaska are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.