Litigation Lawyers in Hapeville

In Hapeville, 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 Hapeville, 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 Hapeville, 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 Hapeville, Georgia Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Hapeville, Georgia is the complaint. The complaint is filed with the court in Hapeville, 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). Typically, 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 typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once the complaint and answer have been filed in a Hapeville, Georgia court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: It's quite rare for lawsuits in Hapeville, Georgia to go to trial. Hapeville'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 Hapeville, Georgia Lawyer Help?

If you're facing a lawsuit in Hapeville, Georgia whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

Because the rules of civil procedure in Hapeville, Georgia are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.