Litigation Lawyers in Holliston
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Holliston, Massachusetts. It does not deal with the substantive rights that the litigation system is meant to protect, just the process by which it protects them.
Like all laws, the rules of civil procedure in Holliston, Massachusetts reflect particular values that society, through its elected representatives, wants to encourage. 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.
Holliston, Massachusetts's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Holliston, Massachusetts Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Holliston, Massachusetts, and decide to file a lawsuit, the first document that they file with the court is normally the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint usually contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Holliston, Massachusetts is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required 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: In Holliston, Massachusetts, it's really extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Holliston are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence received through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Holliston, Massachusetts Lawyer Help?
If you're suing someone, or are being sued, in Holliston, Massachusetts, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Holliston, Massachusetts can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.