Litigation Lawyers in Fernandina Beach
In Fernandina Beach, Florida, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
Like all laws, the rules of civil procedure in Fernandina Beach, Florida reflect certain values that society, through its elected representatives, wants to promote. 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 Fernandina Beach, Florida are sometimes perplexing. Because civil litigation is an inherently complex 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 Fernandina Beach, Florida Civil Procedure Issues
Complaint: In Fernandina Beach, Florida the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually 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 usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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 Fernandina Beach, 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: it's actually very uncommon for lawsuits to go trial in Fernandina Beach, Florida, because the rules of civil procedure in Fernandina Beach, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.
How Can a Fernandina Beach, Florida Lawyer Help?
If you're facing a lawsuit in Fernandina Beach, Florida whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
In Fernandina Beach, Florida, procedural dilemmas can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.