Litigation Lawyers in Dyer
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Dyer, 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 Dyer, Indiana are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
In Dyer, Indiana, civil litigation is usually extremely perplexing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly perplexing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Dyer, Indiana Civil Procedure Issues
Complaint: In Dyer, Indiana the initial 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 significant 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: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 instance, 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: After the complaint has been filed in the Dyer, Indiana court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is actually quite rare for civil lawsuits in Dyer, Indiana to go to trial, since the rules of civil procedure in Dyer highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Dyer, Indiana Lawyer Help?
If you're facing any significant legal issue in Dyer, Indiana, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Dyer, Indiana are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.