Litigation Lawyers in Warrenville
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Warrenville, 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 Warrenville, Illinois are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
In Warrenville, Illinois, civil litigation is typically 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 Warrenville, Illinois Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Warrenville, Illinois, and decide to file a lawsuit, the first document that they file with the court is usually the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint typically contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: The civil procedure rules in Warrenville, Illinois were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Warrenville, Illinois, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Warrenville is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Warrenville, Illinois Lawyer Help?
If you're facing any significant legal issue in Warrenville, Illinois, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Warrenville, Illinois can be pretty complicated. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.