Litigation Lawyers in Pembroke
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Pembroke, 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 Pembroke, Massachusetts reflect certain values that society, through its elected representatives, wants to promote. 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.
Pembroke, Massachusetts's civil procedure rules can get pretty perplexing, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Pembroke, Massachusetts Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Pembroke, Massachusetts, and decide to file a lawsuit, the initial document that they file with the court is usually 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 typically 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: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Pembroke, 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 actually quite rare for civil lawsuits in Pembroke, Massachusetts to go to trial, since the rules of civil procedure in Pembroke 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 Pembroke, Massachusetts Lawyer Help?
If you are dealing with a lawsuit in Pembroke, Massachusetts, it's almost given that you will have to deal with issues regarding civil procedure.
In Pembroke, Massachusetts, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.