Litigation Lawyers in Baxter Springs
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Baxter Springs, Kansas. 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 Baxter Springs, Kansas are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Baxter Springs, Kansas 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 Baxter Springs, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Baxter Springs, Kansas 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: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 example, 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: The civil procedure rules in Baxter Springs, Kansas 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 Baxter Springs, Kansas to go to trial, since the rules of civil procedure in Baxter Springs 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 Baxter Springs, Kansas Lawyer Help?
If you are dealing with a lawsuit in Baxter Springs, Kansas, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Baxter Springs, Kansas are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.