Litigation Lawyers in Austin
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Austin, Indiana. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
The rules of civil procedure in Austin, Indiana are designed to make the process of civil litigation as efficient, inexpensive, simple, and fair as possible.
In Austin, Indiana, civil litigation is frequently extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Austin, Indiana Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Austin, Indiana, and decide to file a lawsuit, the initial document that they file with the court is typically the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally 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 avenues 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. Occasionally, 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 a Austin, Indiana court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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 Austin, Indiana to go to trial. Austin's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Austin, Indiana Lawyer Help?
If you're facing a lawsuit in Austin, Indiana whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in Austin, Indiana can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.