Litigation Lawyers in Foley
In Foley, Alabama, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
In Foley, Alabama, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Foley, Alabama 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 Foley, Alabama Civil Procedure Issues
Complaint: In Foley, Alabama the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most important documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Foley, Alabama is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Foley, Alabama, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Foley is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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 Foley, Alabama Lawyer Help?
If you are facing a legal issue of any kind in Foley, Alabama, you are going to confront civil procedure issues.
It should go without saying that you should have a Foley, Alabama attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.