Litigation Lawyers in Calcasieu Parish
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Calcasieu Parish, Louisiana. 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 Calcasieu Parish, Louisiana are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
Civil litigation in Calcasieu Parish, Louisiana is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Calcasieu Parish, Louisiana Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Calcasieu Parish, Louisiana is the complaint. The complaint is a document filed with a Calcasieu Parish, Louisiana court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, normally by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can show that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Calcasieu Parish, Louisiana 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 received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Calcasieu Parish, Louisiana, because the rules of civil procedure in Calcasieu Parish, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Calcasieu Parish, Louisiana Lawyer Help?
If you're facing any considerable legal issue in Calcasieu Parish, Louisiana, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Calcasieu Parish, Louisiana are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.