Litigation Lawyers in Oak Brook
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Oak Brook, 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 Oak Brook, Illinois are designed to make the process of civil litigation as efficient, inexpensive, simple, and fair as possible.
Civil litigation, however, is inherently perplexing. So, there is no getting around the fact that the civil procedure rules in Oak Brook, Illinois are also going to be somewhat perplexing 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 Oak Brook, Illinois Civil Procedure Issues
Complaint: In Oak Brook, Illinois the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually 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 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 both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Oak Brook, 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: it's actually very uncommon for lawsuits to go trial in Oak Brook, Illinois, because the rules of civil procedure in Oak Brook, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Oak Brook, Illinois Lawyer Help?
If you are dealing with a lawsuit in Oak Brook, Illinois, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in Oak Brook, Illinois are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.