Litigation Lawyers in Lexington
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Lexington, Kentucky. 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 Lexington, Kentucky are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
In Lexington, Kentucky, civil litigation is typically extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Lexington, Kentucky Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Lexington, Kentucky is the complaint. The complaint is filed with the court in Lexington, Kentucky that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
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 a Lexington, Kentucky 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 Lexington, Kentucky, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Lexington 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 Lexington, Kentucky Lawyer Help?
If you're facing a lawsuit in Lexington, Kentucky whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
In Lexington, Kentucky, 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.