Litigation Lawyers in Lauderdale By The Sea
In Lauderdale By The Sea, 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 Lauderdale By The Sea, 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.
Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Lauderdale By The Sea, Florida are also going to be somewhat complicated 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 Lauderdale By The Sea, Florida Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Lauderdale By The Sea, Florida is the complaint. The complaint is a document filed with a Lauderdale By The Sea, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can prove that he acted in self-defense, he likely will not be held liable.
Discovery: Once the initial documents have been filed by both parties in the correct Lauderdale By The Sea, Florida court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can also request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: it's actually very uncommon for lawsuits to go trial in Lauderdale By The Sea, Florida, because the rules of civil procedure in Lauderdale By The Sea, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, 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 decide the issues.
How Can a Lauderdale By The Sea, Florida Lawyer Help?
If you are facing a legal issue of any kind in Lauderdale By The Sea, Florida, you are going to encounter civil procedure issues.
The rules of civil procedure in Lauderdale By The Sea, Florida are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.