Litigation Lawyers in Whiting
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Whiting, Indiana. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
The rules of civil procedure in Whiting, Indiana are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Whiting, Indiana is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Whiting, Indiana Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Whiting, Indiana lawsuit, and it is usually the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Therefore, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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 Whiting, Indiana court of competent jurisdiction, the next important 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 obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's actually very uncommon for lawsuits to go trial in Whiting, Indiana, because the rules of civil procedure in Whiting, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Whiting, Indiana Lawyer Help?
If you're facing any significant legal issue in Whiting, Indiana, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Whiting, Indiana are complex, it's smart to have the counsel of an experienced attorney through every step of the process.