Litigation Lawyers in North Miami
In North 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 North 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 confusing. So, there is no getting around the fact that the civil procedure rules in North Miami, 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 North Miami, Florida Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in North Miami, Florida is the complaint. The complaint is filed with the court in North Miami, Florida that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in North Miami, 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: it's truly very uncommon for lawsuits to go trial in North Miami, Florida, because the rules of civil procedure in North Miami, 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 North Miami, Florida Lawyer Help?
If you are dealing with a lawsuit in North Miami, Florida, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in North Miami, Florida are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.