Litigation Lawyers in Ashburnham

"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Ashburnham, Massachusetts. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.

Like all laws, the rules of civil procedure in Ashburnham, Massachusetts reflect specific values that society, through its elected representatives, wants to advocate. So, the rules of civil procedure have the stated goal of ensuring that the justice system is fair, cost effective, efficient, and accessible to everyone who has a legitimate legal grievance.

Ashburnham, Massachusetts's civil procedure rules can get pretty confusing, however. They regulate every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Ashburnham, Massachusetts Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Ashburnham, Massachusetts is the complaint. The complaint is filed with the court in Ashburnham, Massachusetts 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 just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Ashburnham, Massachusetts is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

Trial: It is truly quite rare for civil lawsuits in Ashburnham, Massachusetts to go to trial, since the rules of civil procedure in Ashburnham highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine 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 Ashburnham, Massachusetts Lawyer Help?

If you're suing anyone, or are being sued, in Ashburnham, Massachusetts, dealing with issues of civil procedure is going to be a fact of life for quite some time.

The rules of civil procedure in Ashburnham, Massachusetts are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.