Litigation Lawyers in Tonganoxie
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Tonganoxie, 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 Tonganoxie, Kansas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Tonganoxie, Kansas's civil procedure rules can get pretty complicated, 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 Tonganoxie, Kansas Civil Procedure Issues
Complaint: In Tonganoxie, Kansas the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually filing a complaint. The complaint is also one of the most important documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Tonganoxie, Kansas is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is actually quite rare for civil lawsuits in Tonganoxie, Kansas to go to trial, since the rules of civil procedure in Tonganoxie 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 Tonganoxie, Kansas Lawyer Help?
If you're suing someone, or are being sued, in Tonganoxie, Kansas, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Tonganoxie, Kansas are complex, it's smart to have the counsel of an experienced attorney through every step of the process.