Litigation Lawyers in Waukee
In Waukee, Iowa, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Waukee, 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 confusing. So, there is no getting around the fact that the civil procedure rules in Waukee, Iowa are also going to be somewhat intricate 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 Waukee, Iowa Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Waukee, Iowa lawsuit, and it is typically the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Waukee, Iowa were written with the purpose of, among other things, avoiding 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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 Waukee, Iowa, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Waukee 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 Waukee, Iowa Lawyer Help?
If you are facing a legal issue of any kind in Waukee, Iowa, you are going to confront civil procedure issues.
It should go without saying that you should have a Waukee, Iowa attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.