Litigation Lawyers in Siloam Springs
In Siloam Springs, Arkansas, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
In Siloam Springs, Arkansas, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.
Civil litigation in Siloam Springs, Arkansas is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Siloam Springs, Arkansas Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Siloam Springs, Arkansas is the complaint. The complaint is a document filed with a Siloam Springs, Arkansas 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: After the complaint has been filed in the Siloam Springs, Arkansas 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is truly quite rare for civil lawsuits in Siloam Springs, Arkansas to go to trial, since the rules of civil procedure in Siloam Springs 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 Siloam Springs, Arkansas Lawyer Help?
If you are dealing with a lawsuit in Siloam Springs, Arkansas, it's almost certain that you will have to deal with issues concerning civil procedure.
It should go without saying that you should have a Siloam Springs, Arkansas attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.