Litigation Lawyers in Lockport
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Lockport, Illinois. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
The rules of civil procedure in Lockport, Illinois are designed to make the process of civil litigation as efficient, inexpensive, simple, and fair as possible.
Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Lockport, Illinois are also going to be somewhat confusing 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 Lockport, Illinois Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Lockport, Illinois lawsuit, and it is typically 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. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once the complaint and answer have been filed in a Lockport, Illinois court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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 quite rare for lawsuits in Lockport, Illinois to go to trial. Lockport'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. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Lockport, Illinois Lawyer Help?
If you're suing anyone, or are being sued, in Lockport, Illinois, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Lockport, Illinois can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.