Litigation Lawyers in West Springfield
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in West Springfield, 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 West Springfield, 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.
West Springfield, Massachusetts's civil procedure rules can get pretty intricate, 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 West Springfield, Massachusetts Civil Procedure Issues
Complaint: In West Springfield, Massachusetts the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most important documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in West Springfield, 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: Although the trial is arguably the most dramatic element of civil procedure in West Springfield, Massachusetts, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in West Springfield is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a West Springfield, Massachusetts Lawyer Help?
If you are facing a legal issue of any kind in West Springfield, Massachusetts, you are going to confront civil procedure issues.
The rules of civil procedure in West Springfield, Massachusetts are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.
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I understand many lawyers are very busy, But Howard Bender, busy as he is, responded quickly and professionally. My impression is he is a man of his word.
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