Litigation Lawyers in Key Biscayne
In Key Biscayne, 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 Key Biscayne, 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.
Civil litigation, however, is inherently intricate. So, there is no getting around the fact that the civil procedure rules in Key Biscayne, Florida are also going to be somewhat difficult 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 Key Biscayne, Florida Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Key Biscayne, Florida is the complaint. The complaint is a document filed with a Key Biscayne, Florida court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually 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 instance, 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 procedure in civil litigation in Key Biscayne, 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: In Key Biscayne, Florida, it's really very 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 Key Biscayne are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, 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 gained 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 Key Biscayne, Florida Lawyer Help?
If you're suing anyone, or are being sued, in Key Biscayne, Florida, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Key Biscayne, Florida can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.