Litigation Lawyers in Kaplan
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Kaplan, 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 Kaplan, Louisiana are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
Civil litigation in Kaplan, 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 Kaplan, Louisiana Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Kaplan, Louisiana is the complaint. The complaint is filed with the court in Kaplan, 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). Typically, 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: 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, typically 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 establish that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Kaplan, 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is truly quite rare for civil lawsuits in Kaplan, Louisiana to go to trial, since the rules of civil procedure in Kaplan 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 Kaplan, Louisiana Lawyer Help?
If you're facing any substantial legal issue in Kaplan, Louisiana, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a Kaplan, Louisiana attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.