Litigation Lawyers in Rehoboth
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Rehoboth, 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 Rehoboth, 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.
Rehoboth, 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 Rehoboth, Massachusetts Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Rehoboth, 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: 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 Rehoboth, 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 Rehoboth, Massachusetts, it's really 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 Rehoboth 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 gained 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 Rehoboth, Massachusetts Lawyer Help?
If you are dealing with a lawsuit in Rehoboth, Massachusetts, it's almost given that you will have to deal with issues regarding civil procedure.
It should go without saying that you should have a Rehoboth, Massachusetts attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're immersed in a lawsuit.