Gilbert, Arizona Civil Procedures
In Gilbert, Arizona, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
In Gilbert, Arizona, 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 Gilbert, Arizona 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 Gilbert, Arizona Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Gilbert, Arizona, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
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: Once the complaint and answer have been filed in a Gilbert, Arizona court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required 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: In Gilbert, Arizona, it's truly extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Gilbert are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
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How Can a Gilbert, Arizona Lawyer Help?
If you are dealing with a lawsuit in Gilbert, Arizona, it's almost certain that you will have to deal with issues concerning civil procedure.
In Gilbert, Arizona, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.
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Life in Gilbert
Gilbert is a Maricopa County city that was ranked 24th safest city in the United States based on FBI crime statistics. Gilbert also maintains a top-notch school system that earned the title of 36th best place to live by GreatSchools.org. A large percent of Gilbert's 209,000 residents is comprised of families and young professionals, unsurprisingly. The rapidly growing high technology, renewable energy, and life sciences economy supports a wide range of high paying jobs. In fact, the average household income in Gilbert is $98,213 and over 1/3 of the adults hold higher than a bachelor's degree.
There are some very reputable lawyers living in Gilbert and know the local courts systems very well. Gilbert lawyers advise clients on a wide range of cases. Lawyers in Gilbert are knowledgeable of local courts so they'll be able to work with you to determine the best course of action for your case and with which court you should file you claim.
Gilbert is an attractive community for its plentiful amenities too. There are a number of shopping centers that serve the area of Gilbert as well as movie theaters and fun parks. Gilbert offers a number of public parks with picnic and barbeque accommodations. Bike paths and lanes make it easy for cyclists to safely travel throughout Gilbert. Josh Betley, professional BMX rider, lives in Gilbert.