Litigation Lawyers in Shelbyville

"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Shelbyville, 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 Shelbyville, Illinois are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.

In Shelbyville, Illinois, civil litigation is typically extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.

Major Shelbyville, Illinois Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Shelbyville, Illinois is the complaint. The complaint is filed with the court in Shelbyville, 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 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once the complaint and answer have been filed in a Shelbyville, Illinois court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: it's really very uncommon for lawsuits to go trial in Shelbyville, Illinois, because the rules of civil procedure in Shelbyville, 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 Shelbyville, Illinois Lawyer Help?

If you're facing any considerable legal issue in Shelbyville, Illinois, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.

Because the rules of civil procedure in Shelbyville, Illinois are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.