Litigation Lawyers in Mooresville
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Mooresville, 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 Mooresville, Indiana are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
Civil litigation in Mooresville, 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 Mooresville, Indiana Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Mooresville, Indiana is the complaint. The complaint is filed with the court in Mooresville, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Mooresville, 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 Mooresville, Indiana, because the rules of civil procedure in Mooresville, 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 Mooresville, Indiana Lawyer Help?
If you are facing a legal issue of any kind in Mooresville, Indiana, you are going to confront civil procedure issues.
The rules of civil procedure in Mooresville, Indiana are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.