Litigation Lawyers in Scott County

In Scott County, Iowa, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.

Scott County, Iowa'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.

Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Scott County, Iowa are also going to be somewhat confusing and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.

Major Scott County, Iowa Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Scott County, Iowa is the complaint. The complaint is filed with the court in Scott County, Iowa 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 just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance 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 keep the defendant from being held liable. For instance, 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: The civil procedure rules in Scott County, Iowa were written with the purpose of, among other things, preventing surprises. For that reason, everyone engaged 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: Although the trial is arguably the most dramatic element of civil procedure in Scott County, Iowa, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Scott County is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Scott County, Iowa Lawyer Help?

If you're facing any substantial legal issue in Scott County, Iowa, 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 Scott County, Iowa attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.