Litigation Lawyers in Twin Falls
In Twin Falls, Idaho, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Twin Falls, Idaho'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.
In Twin Falls, Idaho, civil litigation is frequently extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Twin Falls, Idaho Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Twin Falls, Idaho is the complaint. The complaint is a document filed with a Twin Falls, Idaho court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual 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 avenues 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. Occasionally, 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: Once the initial documents have been filed by both parties in the proper Twin Falls, Idaho court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: In Twin Falls, Idaho, it's truly very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Twin Falls are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence gained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Twin Falls, Idaho Lawyer Help?
If you're suing anyone, or are being sued, in Twin Falls, Idaho, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Twin Falls, Idaho can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.