Litigation Lawyers in Whitman
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Whitman, 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 Whitman, 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.
Whitman, 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 Whitman, Massachusetts Civil Procedure Issues
Complaint: In Whitman, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: Once the complaint and answer have been filed in a Whitman, Massachusetts court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Whitman, Massachusetts, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Whitman 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 Whitman, Massachusetts Lawyer Help?
If you're facing any substantial legal issue in Whitman, Massachusetts, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Whitman, 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.