Litigation Lawyers in New Iberia
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in New Iberia, 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 New Iberia, Louisiana are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
Civil litigation in New Iberia, 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 New Iberia, Louisiana Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a New Iberia, Louisiana lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the 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: The civil procedure rules in New Iberia, Louisiana were written with the purpose of, among other things, preventing surprises. For that reason, everyone immersed in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: Although the trial is arguably the most dramatic element of civil procedure in New Iberia, Louisiana, it is really very rare for civil lawsuits to make it this far. Civil procedure in New Iberia 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 New Iberia, Louisiana Lawyer Help?
If you're facing a lawsuit in New Iberia, Louisiana whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in New Iberia, Louisiana can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.