Litigation Lawyers in Windsor
In Windsor, Colorado, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
The civil procedure rules in Windsor, Colorado are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Civil litigation in Windsor, 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 Windsor, Colorado Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Windsor, Colorado lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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: The civil procedure rules in Windsor, 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: Although the trial is arguably the most dramatic element of civil procedure in Windsor, Colorado, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Windsor 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 Windsor, Colorado Lawyer Help?
If you're facing a lawsuit in Windsor, Colorado whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Windsor, Colorado attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.