Litigation Lawyers in Waipahu
In Waipahu, Hawaii, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.
Waipahu, Hawaii's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.
The rules of civil procedure in Waipahu, Hawaii are sometimes convoluted. Because civil litigation is an inherently complicated 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 Waipahu, Hawaii Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Waipahu, Hawaii is the complaint. The complaint is a document filed with a Waipahu, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Waipahu, 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 received 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 Waipahu, Hawaii, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Waipahu 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 Waipahu, Hawaii Lawyer Help?
If you're facing any considerable legal issue in Waipahu, 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 Waipahu, Hawaii are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.