Litigation Lawyers in Auburn
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Auburn, Indiana. 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 Auburn, Indiana are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
In Auburn, Indiana, civil litigation is often 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 Auburn, Indiana Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Auburn, Indiana, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once the complaint and answer have been filed in an Auburn, Indiana 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 quite rare for lawsuits in Auburn, Indiana to go to trial. Auburn'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Auburn, Indiana Lawyer Help?
If you are dealing with a lawsuit in Auburn, Indiana, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Auburn, Indiana are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.