Litigation Lawyers in Holyoke
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Holyoke, 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 Holyoke, 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.
Holyoke, 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 Holyoke, Massachusetts Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Holyoke, Massachusetts, and decide to file a lawsuit, the initial document that they file with the court is typically the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally 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 typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally 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 instance, 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 procedure in civil litigation in Holyoke, 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: In Holyoke, Massachusetts, it's truly very 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 Holyoke are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, 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 acquired 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 Holyoke, Massachusetts Lawyer Help?
If you're suing anyone, or are being sued, in Holyoke, Massachusetts, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Holyoke, Massachusetts are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.