Litigation Lawyers in Brookfield

In Brookfield, Illinois, "civil procedure" refers to the different processes and procedures that must be followed when conducting a civil lawsuit.

Brookfield, Illinois's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.

In Brookfield, Illinois, civil litigation is typically extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.

Major Brookfield, Illinois Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Brookfield, Illinois is the complaint. The complaint is filed with the court in Brookfield, 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). Normally, 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally 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 both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Brookfield, Illinois is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

Trial: it's really very uncommon for lawsuits to go trial in Brookfield, Illinois, because the rules of civil procedure in Brookfield, 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 Brookfield, Illinois Lawyer Help?

If you're facing a lawsuit in Brookfield, Illinois whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

Civil Procedure in Brookfield, Illinois can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.