Miami, Florida Civil Procedures

Civil Procedure in Miami , Civil Procedure in FL

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In Miami, 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, 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, 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, Florida Civil Procedure Issues

Complaint: Perhaps the most significant part of filing a lawsuit in Miami, Florida is the complaint. The complaint is a document filed with a Miami, 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, 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: Although the trial is arguably the most dramatic element of civil procedure in Miami, Florida, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Miami is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.

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How Can a Miami, Florida Lawyer Help?

If you're facing any substantial legal issue in Miami, Florida, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.

It should go without saying that you should have a Miami, Florida attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.

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Life in Miami


Miami is the seat of Miami-Dade County and the city with the 9th largest population in the entire United States with over 2.5 million Florida residents. In addition to the massive population, Miami is one of the most popular tourist destinations. It's the United States' 5th richest city and was voted "America's Cleanest City" by Forbes Magazine. The Port of Miami is the number one cruise passenger port on the globe earning Miami the title of "Cruise Capital of the World." Miami does not disappoint with attractions. The Adrienne Arsht Center for the Performing Arts ranks just behind New York's Lincoln Center for the largest performing arts center in the entire United States and hosts world renown operas, ballets, concerts, musicals, and plays.

You shouldn't be surprised to find that the City of Miami attracts so many performance artists like musicians, singers, actors, and dancers. You may also know Miami for it's notoriety as a modeling capital with world renown agencies and events like Mercedes-Benz Fashion Week Miami, an annual event. The Art Basel Miami Beach is an annual art exhibition of contemporary pieces that's known worldwide as "the Olympics of Art" for its size and diverse attendance.

Miami is a city that thrives off f business from tourists. The Cuban immigrants introduced conga, Dominicans brought meringue, Brazilians come with samba, and the Caribbean reggae have blended into a diverse and exciting music scene. The front line of cutting edge music can be heard by famous DJs like DJ Khaled, DJ Laz, and Pitbull. Miami clubs are famous in tv and film.

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