Litigation Lawyers in Romeoville
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Romeoville, 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 Romeoville, Illinois are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
In Romeoville, Illinois, civil litigation is usually extremely difficult. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly intricate. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Romeoville, Illinois Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Romeoville, Illinois is the complaint. The complaint is filed with the court in Romeoville, 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). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just 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 normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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 Romeoville, Illinois court of competent jurisdiction, the next important 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 received 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 Romeoville, Illinois to go to trial. Romeoville's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Romeoville, Illinois Lawyer Help?
If you're suing anyone, or are being sued, in Romeoville, Illinois, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Romeoville, Illinois can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.