Litigation Lawyers in Huntington
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Huntington, 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 Huntington, Indiana are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Huntington, Indiana is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Huntington, Indiana Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Huntington, Indiana is the complaint. The complaint is filed with the court in Huntington, Indiana that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
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: After the complaint has been filed in the Huntington, 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's quite rare for lawsuits in Huntington, Indiana to go to trial. Huntington's civil procedure rules actually discourage trials, and instead 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 Huntington, Indiana Lawyer Help?
If you are dealing with a lawsuit in Huntington, Indiana, it's almost given that you will have to deal with issues regarding civil procedure.
It should go without saying that you should have a Huntington, Indiana attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're involved in a lawsuit.