Litigation Lawyers in Northbrook

"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Northbrook, 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 Northbrook, Illinois are designed to make the process of civil litigation as efficient, low-cost, 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 Northbrook, 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 Northbrook, Illinois Civil Procedure Issues

Complaint: In Northbrook, Illinois the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.

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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Northbrook, Illinois is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated 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: In Northbrook, Illinois, it's truly very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Northbrook are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence acquired through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Northbrook, Illinois Lawyer Help?

If you're suing anyone, or are being sued, in Northbrook, Illinois, dealing with issues of civil procedure is going to be a fact of life for quite some time.

In Northbrook, Illinois, procedural problems can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.