Litigation Lawyers in Kendallville
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Kendallville, 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 Kendallville, Indiana are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Kendallville, 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 Kendallville, Indiana Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Kendallville, Indiana is the complaint. The complaint is filed with the court in Kendallville, 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). Normally, 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 normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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 Kendallville, 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: In Kendallville, Indiana, it's really extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Kendallville are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence received through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Kendallville, Indiana Lawyer Help?
If you are facing a legal issue of any kind in Kendallville, Indiana, you are going to face civil procedure issues.
It should go without saying that you should have a Kendallville, Indiana attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.