Litigation Lawyers in Yarmouth
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Yarmouth, 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 Yarmouth, 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.
Yarmouth, Massachusetts's civil procedure rules can get pretty confusing, 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 Yarmouth, Massachusetts Civil Procedure Issues
Complaint: In Yarmouth, Massachusetts the initial 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 significant 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 chance 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 keep the defendant from being held liable. For instance, 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 initial documents have been filed by both parties in the proper Yarmouth, Massachusetts court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It is truly quite rare for civil lawsuits in Yarmouth, Massachusetts to go to trial, since the rules of civil procedure in Yarmouth 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 Yarmouth, Massachusetts Lawyer Help?
If you're facing a lawsuit in Yarmouth, Massachusetts whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Yarmouth, Massachusetts attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.