Litigation Lawyers in Kailua
In Kailua, Hawaii, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
Kailua, Hawaii's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to promote those goals, to the greatest extent possible.
The rules of civil procedure in Kailua, Hawaii are sometimes complicated. Because civil litigation is an inherently complex process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Kailua, Hawaii Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Kailua, Hawaii is the complaint. The complaint is a document filed with a Kailua, Hawaii court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person 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 opportunity to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Kailua, Hawaii 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 is actually quite rare for civil lawsuits in Kailua, Hawaii to go to trial, since the rules of civil procedure in Kailua strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Kailua, Hawaii Lawyer Help?
If you're facing any significant legal issue in Kailua, Hawaii, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Kailua, Hawaii are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.