Litigation Lawyers in Ottawa
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Ottawa, 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 civil procedure rules in Ottawa, Kansas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
Ottawa, Kansas's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Ottawa, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in an Ottawa, Kansas lawsuit, and it is normally 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. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once the complaint and answer have been filed in an Ottawa, Kansas court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Ottawa, Kansas, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Ottawa is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Ottawa, Kansas Lawyer Help?
If you're facing a lawsuit in Ottawa, Kansas whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
In Ottawa, Kansas, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.