Litigation Lawyers in Nampa
In Nampa, Idaho, "civil procedure" refers to the various processes and procedures that must be followed when conducting a civil lawsuit.
Nampa, 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 Nampa, Idaho, civil litigation is typically 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 Nampa, Idaho Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Nampa, Idaho is the complaint. The complaint is a document filed with a Nampa, 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: The civil procedure rules in Nampa, Idaho were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved 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: It's quite rare for lawsuits in Nampa, Idaho to go to trial. Nampa's civil procedure rules actually discourage trials, and instead have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Nampa, Idaho Lawyer Help?
If you're facing a lawsuit in Nampa, Idaho whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Nampa, Idaho attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.