Litigation Lawyers in Terre Haute
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Terre Haute, 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 Terre Haute, Indiana are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Terre Haute, 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 Terre Haute, Indiana Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Terre Haute, Indiana, and decide to file a lawsuit, the first document that they file with the court is usually 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 typically 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: 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, usually 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Terre Haute, Indiana were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It is actually quite rare for civil lawsuits in Terre Haute, Indiana to go to trial, since the rules of civil procedure in Terre Haute strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Terre Haute, Indiana Lawyer Help?
If you're facing any significant legal issue in Terre Haute, Indiana, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a Terre Haute, Indiana attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.