Litigation Lawyers in Sandy Springs
In Sandy Springs, 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 Sandy Springs, 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 Sandy Springs, 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 Sandy Springs, Georgia Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Sandy Springs, Georgia, and decide to file a lawsuit, the initial document that they file with the court is normally the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint usually contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: The civil procedure rules in Sandy Springs, 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: It is really quite rare for civil lawsuits in Sandy Springs, Georgia to go to trial, since the rules of civil procedure in Sandy Springs highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Sandy Springs, Georgia Lawyer Help?
If you're facing any considerable legal issue in Sandy Springs, Georgia, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a Sandy Springs, Georgia attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're immersed in a lawsuit.