Litigation Lawyers in Gainesville
In Gainesville, 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 Gainesville, 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 Gainesville, 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 Gainesville, Georgia Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Gainesville, Georgia is the complaint. The complaint is filed with the court in Gainesville, 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 just 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: The civil procedure rules in Gainesville, Georgia were written with the purpose of, among other things, preventing surprises. For that reason, everyone involved 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: Although the trial is arguably the most dramatic element of civil procedure in Gainesville, Georgia, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Gainesville is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Gainesville, Georgia Lawyer Help?
If you are facing a legal issue of any sort in Gainesville, Georgia, you are going to encounter civil procedure issues.
The rules of civil procedure in Gainesville, Georgia are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.