Litigation Lawyers in East Point
In East Point, 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 East Point, 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 East Point, Georgia is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major East Point, Georgia Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in East Point, Georgia is the complaint. The complaint is a document filed with an East Point, Georgia 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance 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 keep the defendant from being held liable. For instance, 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: The civil procedure rules in East Point, Georgia were written with the purpose of, among other things, preventing surprises. For that reason, everyone immersed 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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: In East Point, Georgia, it's really very 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 East Point are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, 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 gained 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 East Point, Georgia Lawyer Help?
If you are dealing with a lawsuit in East Point, Georgia, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in East Point, Georgia can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.