Litigation Lawyers in Danville
In Danville, Illinois, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.
Danville, 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 Danville, 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 Danville, Illinois Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Danville, Illinois, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Danville, Illinois were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged 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 Danville, Illinois to go to trial. Danville's civil procedure rules truly discourage trials, and alternatively 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 Danville, Illinois Lawyer Help?
If you are dealing with a lawsuit in Danville, Illinois, it's almost certain that you will have to deal with issues concerning civil procedure.
It should go without saying that you should have a Danville, Illinois attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.