Litigation Lawyers in Rolling Meadows
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Rolling Meadows, 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 Rolling Meadows, Illinois are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
In Rolling Meadows, Illinois, civil litigation is often extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Rolling Meadows, Illinois Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Rolling Meadows, Illinois is the complaint. The complaint is filed with the court in Rolling Meadows, Illinois that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
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: After the complaint has been filed in the Rolling Meadows, 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Rolling Meadows, Illinois to go to trial. Rolling Meadows'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Rolling Meadows, Illinois Lawyer Help?
If you are facing a legal issue of any kind in Rolling Meadows, Illinois, you are going to confront civil procedure issues.
It should go without saying that you should have a Rolling Meadows, Illinois attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.