Litigation Lawyers in Lake County
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Lake County, 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 Lake County, Illinois are designed to make the process of civil litigation as efficient, cost-effective, 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 Lake County, 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 Lake County, Illinois Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Lake County, 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: After the complaint has been filed in the Lake County, Illinois court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Lake County, Illinois to go to trial. Lake County's civil procedure rules actually discourage trials, and instead 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 Lake County, Illinois Lawyer Help?
If you are facing a legal issue of any kind in Lake County, Illinois, you are going to encounter civil procedure issues.
It should go without saying that you should have a Lake County, Illinois attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.