Litigation Lawyers in Cumming
In Cumming, Georgia, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
Like all laws, the rules of civil procedure in Cumming, Georgia reflect particular values that society, through its elected representatives, wants to encourage. 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 Cumming, 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 Cumming, Georgia Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Cumming, Georgia is the complaint. The complaint is a document filed with a Cumming, 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: 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, normally 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 show 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 Cumming, Georgia 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 further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: In Cumming, Georgia, it's really extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Cumming are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence received through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Cumming, Georgia Lawyer Help?
If you are facing a legal issue of any kind in Cumming, Georgia, you are going to face civil procedure issues.
Because the rules of civil procedure in Cumming, Georgia are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.