Litigation Lawyers in Fayetteville
In Fayetteville, Georgia, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
Like all laws, the rules of civil procedure in Fayetteville, Georgia reflect certain values that society, through its elected representatives, wants to promote. 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 Fayetteville, 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 Fayetteville, Georgia Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Fayetteville, Georgia is the complaint. The complaint is filed with the court in Fayetteville, Georgia 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). Usually, 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 usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: After the complaint has been filed in the Fayetteville, Georgia court of competent jurisdiction, the next major 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 obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's actually very uncommon for lawsuits to go trial in Fayetteville, Georgia, because the rules of civil procedure in Fayetteville, 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 Fayetteville, Georgia Lawyer Help?
If you're facing any significant legal issue in Fayetteville, Georgia, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Fayetteville, Georgia can be pretty complicated. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.