Litigation Lawyers in Overland Park
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Overland Park, 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 Overland Park, Kansas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
Overland Park, 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 Overland Park, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in an Overland Park, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues 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. Occasionally, 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 Overland Park, Kansas court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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 Overland Park, Kansas, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Overland Park is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Overland Park, Kansas Lawyer Help?
If you're facing any significant legal issue in Overland Park, Kansas, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Overland Park, Kansas can be pretty perplexing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.