Litigation Lawyers in Idaho Falls
In Idaho Falls, Idaho, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
Idaho Falls, Idaho'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.
In Idaho Falls, Idaho, civil litigation is often extremely complicated. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complex. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Idaho Falls, Idaho Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Idaho Falls, Idaho is the complaint. The complaint is a document filed with a Idaho Falls, Idaho 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: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Idaho Falls, Idaho 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 Idaho Falls, Idaho to go to trial, since the rules of civil procedure in Idaho Falls 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 Idaho Falls, Idaho Lawyer Help?
If you're suing someone, or are being sued, in Idaho Falls, Idaho, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Idaho Falls, Idaho are complex, it's smart to have the counsel of an experienced attorney through every step of the process.