Litigation Lawyers in Kenneth City
In Kenneth City, Florida, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Like all laws, the rules of civil procedure in Kenneth City, Florida reflect specific values that society, through its elected representatives, wants to advocate. 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.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Kenneth City, Florida are also going to be somewhat intricate and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Kenneth City, Florida Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Kenneth City, Florida is the complaint. The complaint is a document filed with a Kenneth City, Florida 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: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Kenneth City, Florida is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required 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: In Kenneth City, Florida, it's truly 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 Kenneth City 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 received 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.
How Can a Kenneth City, Florida Lawyer Help?
If you are facing a legal issue of any kind in Kenneth City, Florida, you are going to confront civil procedure issues.
It should go without saying that you should have a Kenneth City, Florida attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.