Litigation Lawyers in Bloomingdale
In Bloomingdale, Illinois, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Bloomingdale, Illinois'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 Bloomingdale, Illinois, civil litigation is often extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Bloomingdale, Illinois Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Bloomingdale, Illinois is the complaint. The complaint is filed with the court in Bloomingdale, Illinois 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 simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once the complaint and answer have been filed in a Bloomingdale, Illinois court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: it's truly very uncommon for lawsuits to go trial in Bloomingdale, Illinois, because the rules of civil procedure in Bloomingdale, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Bloomingdale, Illinois Lawyer Help?
If you're facing a lawsuit in Bloomingdale, Illinois whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Because the rules of civil procedure in Bloomingdale, Illinois are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.