Litigation Lawyers in Cumberland
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Cumberland, 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 Cumberland, Indiana are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
In Cumberland, Indiana, 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 Cumberland, Indiana Civil Procedure Issues
Complaint: In Cumberland, Indiana the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually filing a complaint. The complaint is also one of the most important documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Cumberland, Indiana 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's actually very uncommon for lawsuits to go trial in Cumberland, Indiana, because the rules of civil procedure in Cumberland, 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 Cumberland, Indiana Lawyer Help?
If you are facing a legal issue of any kind in Cumberland, Indiana, you are going to encounter civil procedure issues.
The rules of civil procedure in Cumberland, Indiana 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.