Litigation Lawyers in Mount Sterling
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Mount Sterling, Kentucky. 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 Mount Sterling, Kentucky are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
In Mount Sterling, Kentucky, civil litigation is usually extremely difficult. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly intricate. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Mount Sterling, Kentucky Civil Procedure Issues
Complaint: In Mount Sterling, Kentucky the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is normally filing a complaint. The complaint is also one of the most significant 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: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: After the complaint has been filed in the Mount Sterling, Kentucky court of competent jurisdiction, the next important 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 received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Mount Sterling, Kentucky, it is really very rare for civil lawsuits to make it this far. Civil procedure in Mount Sterling 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 Mount Sterling, Kentucky Lawyer Help?
If you are facing a legal issue of any sort in Mount Sterling, Kentucky, you are going to face civil procedure issues.
It should go without saying that you should have a Mount Sterling, Kentucky attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're immersed in a lawsuit.