Litigation Lawyers in Shiloh
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Shiloh, 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 Shiloh, Illinois are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
In Shiloh, Illinois, civil litigation is often extremely complicated. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complex. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Shiloh, Illinois Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Shiloh, Illinois is the complaint. The complaint is filed with the court in Shiloh, 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). Usually, 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 usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually 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 both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Shiloh, Illinois is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is actually quite rare for civil lawsuits in Shiloh, Illinois to go to trial, since the rules of civil procedure in Shiloh strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Shiloh, Illinois Lawyer Help?
If you're suing someone, or are being sued, in Shiloh, Illinois, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Shiloh, 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.