Litigation Lawyers in Salina
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Salina, 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 Salina, Kansas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Salina, Kansas's civil procedure rules can get pretty intricate, however. They regulate every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Salina, Kansas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Salina, 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: 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: After the complaint has been filed in the Salina, Kansas court of competent jurisdiction, the next major 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 Salina, Kansas to go to trial. Salina'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Salina, Kansas Lawyer Help?
If you are dealing with a lawsuit in Salina, Kansas, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Salina, Kansas are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.