Litigation Lawyers in Miami Shores
In Miami Shores, 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 Miami Shores, 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 complicated. So, there is no getting around the fact that the civil procedure rules in Miami Shores, Florida are also going to be somewhat confusing 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 Miami Shores, Florida Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Miami Shores, Florida is the complaint. The complaint is a document filed with a Miami Shores, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Miami Shores, Florida court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Miami Shores, Florida to go to trial. Miami Shores's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Miami Shores, Florida Lawyer Help?
If you are dealing with a lawsuit in Miami Shores, Florida, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in Miami Shores, Florida are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.