Litigation Lawyers in Wheeling

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

In Wheeling, 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 Wheeling, Illinois Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Wheeling, Illinois, and decide to file a lawsuit, the first document that they file with the court is normally 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 usually 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: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.

Discovery: Once the complaint and answer have been filed in a Wheeling, 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 Wheeling, Illinois, because the rules of civil procedure in Wheeling, 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 Wheeling, Illinois Lawyer Help?

If you're facing any considerable legal issue in Wheeling, 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 Wheeling, Illinois are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.