Litigation Lawyers in Jennings
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Jennings, Louisiana. 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 Jennings, Louisiana are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most especially, fairness.
Civil litigation in Jennings, Louisiana is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Jennings, Louisiana Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Jennings, Louisiana is the complaint. The complaint is filed with the court in Jennings, Louisiana 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). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: Once the complaint and answer have been filed in a Jennings, Louisiana court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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: it's actually very uncommon for lawsuits to go trial in Jennings, Louisiana, because the rules of civil procedure in Jennings, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Jennings, Louisiana Lawyer Help?
If you're facing any significant legal issue in Jennings, Louisiana, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Jennings, Louisiana are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.