Lowell, Massachusetts Civil Procedures

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Litigation Lawyers in Lowell

"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Lowell, 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 Lowell, 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.

Lowell, Massachusetts's civil procedure rules can get pretty difficult, 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 Lowell, Massachusetts Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Lowell, Massachusetts, and decide to file a lawsuit, the initial document that they file with the court is normally 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 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 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: The civil procedure rules in Lowell, Massachusetts 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: It's quite rare for lawsuits in Lowell, Massachusetts to go to trial. Lowell's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.

How Can a Lowell, Massachusetts Lawyer Help?

If you're facing a lawsuit in Lowell, Massachusetts whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.

Because the rules of civil procedure in Lowell, Massachusetts are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.

Talk to a Law Attorney now!

Life in Lowell

Lowell, Massachusetts is the fourth largest city in the state with a population of over 106,000. Along with Cambridge, Lowell serves as the county seat for Middlesex County. Lowell is most famous for being "the birthplace of the industrial revolution" within the U.S. It was the first U.S. city to have phone numbers, and Alexander Graham Bell once demonstrated the telephone in Lowell.

The city offers many of the amenities of a large city, while at the same time maintaining a small-town culture. Neighborhoods in Lowell, Massachusetts proudly display historic homes in a variety of styles, such as Colonials, Capes, Ranches, and Victorians. Lowell is also one of the oldest cities in the state and has produced many outstanding figures in American history, such as author Jack Kerouac and entertainer Ed McMahon.

In addition to preserving its rich history, Lowell is known for constantly employing new technologies and innovations. For example, the city is home to Lowell Telecommunications, which is a dynamic, evolving community media center. The Revolving Museum is another facility that offers public art exhibits and educational programs. Lowell's focus on economic and business development has provided the community with ample opportunities for progress and advancement.

Many lawyers in Lowell, Massachusetts work closely with the Lowell District Court. Lowell lawyers offer legal services in many different fields to cover the needs of the community. Lowell is known for being host to a large number of civic service organizations, which many lawyers are active in.

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