Litigation Lawyers in Robbins
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Robbins, 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 Robbins, Illinois are designed to make the process of civil litigation as efficient, affordable, 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 Robbins, 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 Robbins, Illinois Civil Procedure Issues
Complaint: In Robbins, Illinois the first 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 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, usually 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Robbins, 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 actually very uncommon for lawsuits to go trial in Robbins, Illinois, because the rules of civil procedure in Robbins, 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 Robbins, Illinois Lawyer Help?
If you are facing a legal issue of any kind in Robbins, Illinois, you are going to encounter civil procedure issues.
The rules of civil procedure in Robbins, Illinois are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.