Litigation Lawyers in La Grange
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in La Grange, Illinois. It does not deal with the substantive rights that the litigation system is meant to protect, just the process by which it protects them.
The rules of civil procedure in La Grange, Illinois are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in La Grange, Illinois are also going to be somewhat complicated and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major La Grange, Illinois Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a La Grange, Illinois lawsuit, and it is usually the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Therefore, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: Once the initial documents have been filed by both parties in the correct La Grange, Illinois court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, 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 process: each side can send written questions to the other, which must be answered under oath. They can also request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: it's actually very uncommon for lawsuits to go trial in La Grange, Illinois, because the rules of civil procedure in La Grange, 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 La Grange, Illinois Lawyer Help?
If you are facing a legal issue of any kind in La Grange, Illinois, you are going to encounter civil procedure issues.
The rules of civil procedure in La Grange, Illinois are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.