Litigation Lawyers in Atchison
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Atchison, Kansas. 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 Atchison, Kansas are designed to make the process of civil litigation as efficient, inexpensive, simple, and fair as possible.
Civil litigation in Atchison, Kansas 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 Atchison, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Atchison, Kansas lawsuit, and it is typically 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. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Atchison, Kansas 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Atchison, Kansas to go to trial. Atchison's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Atchison, Kansas Lawyer Help?
If you are facing a legal issue of any sort in Atchison, Kansas, you are going to confront civil procedure issues.
It should go without saying that you should have a Atchison, Kansas attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.