Litigation Lawyers in Indianapolis
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Indianapolis, 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 Indianapolis, Indiana are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Indianapolis, Indiana is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Indianapolis, Indiana Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Indianapolis, Indiana is the complaint. The complaint is filed with the court in Indianapolis, 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). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply 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 typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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 Indianapolis, Indiana court of competent jurisdiction, the next major 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's truly very uncommon for lawsuits to go trial in Indianapolis, Indiana, because the rules of civil procedure in Indianapolis, 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 Indianapolis, Indiana Lawyer Help?
If you are facing a legal issue of any kind in Indianapolis, Indiana, you are going to confront civil procedure issues.
In Indianapolis, Indiana, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.