Litigation Lawyers in Buford
In Buford, Georgia, "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 Buford, Georgia 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 in Buford, Georgia is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Buford, Georgia Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Buford, Georgia is the complaint. The complaint is a document filed with a Buford, Georgia 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: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally 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 example, 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: The civil procedure rules in Buford, Georgia were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It's quite rare for lawsuits in Buford, Georgia to go to trial. Buford'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Buford, Georgia Lawyer Help?
If you are dealing with a lawsuit in Buford, Georgia, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Buford, Georgia 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.