Litigation Lawyers in Osawatomie
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Osawatomie, 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 civil procedure rules in Osawatomie, Kansas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
Osawatomie, Kansas's civil procedure rules can get pretty perplexing, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Osawatomie, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in an Osawatomie, 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: The answer is usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Osawatomie, Kansas were written with the purpose of, among other things, preventing 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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's quite rare for lawsuits in Osawatomie, Kansas to go to trial. Osawatomie's civil procedure rules actually discourage trials, and instead 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 Osawatomie, Kansas Lawyer Help?
If you are dealing with a lawsuit in Osawatomie, Kansas, it's almost given that you will have to deal with issues regarding civil procedure.
It should go without saying that you should have an Osawatomie, Kansas attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're involved in a lawsuit.