Litigation Lawyers in North Manchester
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in North Manchester, 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 North Manchester, Indiana are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
Civil litigation in North Manchester, 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 North Manchester, Indiana Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in North Manchester, Indiana, and decide to file a lawsuit, the first document that they file with the court is normally the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint usually contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
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 the initial documents have been filed by both parties in the correct North Manchester, Indiana court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: it's really very uncommon for lawsuits to go trial in North Manchester, Indiana, because the rules of civil procedure in North Manchester, 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 North Manchester, Indiana Lawyer Help?
If you're facing any considerable legal issue in North Manchester, Indiana, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in North Manchester, Indiana are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.