Litigation Lawyers in Kaneohe
In Kaneohe, Hawaii, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Kaneohe, Hawaii's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to advocate those goals, to the greatest extent possible.
The rules of civil procedure in Kaneohe, Hawaii are sometimes intricate. Because civil litigation is an inherently intricate 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 Kaneohe, Hawaii Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Kaneohe, Hawaii is the complaint. The complaint is a document filed with a Kaneohe, 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, typically 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 establish that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Kaneohe, 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Kaneohe, Hawaii, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Kaneohe is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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 Kaneohe, Hawaii Lawyer Help?
If you are facing a legal issue of any kind in Kaneohe, Hawaii, you are going to confront civil procedure issues.
The rules of civil procedure in Kaneohe, Hawaii are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.