Litigation Lawyers in Escambia County
In Escambia County, Florida, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
Like all laws, the rules of civil procedure in Escambia County, Florida reflect particular values that society, through its elected representatives, wants to encourage. So, the rules of civil procedure have the stated goal of ensuring that the justice system is fair, cost effective, efficient, and accessible to everyone who has a legitimate legal grievance.
The rules of civil procedure in Escambia County, Florida are sometimes difficult. Because civil litigation is an inherently complicated process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Escambia County, Florida Civil Procedure Issues
Complaint: In Escambia County, Florida the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is normally filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Escambia County, Florida is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Escambia County, Florida, it is really very rare for civil lawsuits to make it this far. Civil procedure in Escambia County is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Escambia County, Florida Lawyer Help?
If you're suing anyone, or are being sued, in Escambia County, Florida, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Escambia County, Florida are not always simple or intuitive. With that in mind, it's very important to have a seasoned attorney on your side, to help you through the process.