Litigation Lawyers in Rantoul
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Rantoul, 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 Rantoul, Illinois are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Rantoul, Illinois are also going to be somewhat intricate 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 Rantoul, Illinois Civil Procedure Issues
Complaint: In Rantoul, Illinois the first 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 important 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: Once the initial documents have been filed by both parties in the correct Rantoul, 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 additionally 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 truly very uncommon for lawsuits to go trial in Rantoul, Illinois, because the rules of civil procedure in Rantoul, 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 Rantoul, Illinois Lawyer Help?
If you're facing a lawsuit in Rantoul, Illinois whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Civil Procedure in Rantoul, Illinois can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.