Litigation Lawyers in Estes Park
In Estes Park, Colorado, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Estes Park, Colorado are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Civil litigation in Estes Park, Colorado 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 Estes Park, Colorado Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Estes Park, Colorado is the complaint. The complaint is a document filed with a Estes Park, Colorado 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, normally 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 show that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Estes Park, Colorado were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed 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 really quite rare for civil lawsuits in Estes Park, Colorado to go to trial, since the rules of civil procedure in Estes Park 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 Estes Park, Colorado Lawyer Help?
If you're facing a lawsuit in Estes Park, Colorado whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Because the rules of civil procedure in Estes Park, Colorado are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.