Kingman, Arizona Civil Procedures
In Kingman, Arizona, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
In Kingman, 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 Kingman, 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 Kingman, Arizona Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Kingman, Arizona, and decide to file a lawsuit, the first document that they file with the court is usually 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 typically 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, usually 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: Once the initial documents have been filed by both parties in the correct Kingman, Arizona court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can also request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: In Kingman, Arizona, it's actually 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 Kingman 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 Kingman, Arizona Lawyer Help?
If you're facing any significant legal issue in Kingman, Arizona, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a Kingman, Arizona attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.