Litigation Lawyers in Bryans Road
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Bryans Road, Maryland. 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 Bryans Road, Maryland 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.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Bryans Road, Maryland are also going to be somewhat intricate and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Bryans Road, Maryland Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Bryans Road, Maryland is the complaint. The complaint is a document filed with a Bryans Road, Maryland court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Bryans Road, Maryland court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's truly very uncommon for lawsuits to go trial in Bryans Road, Maryland, because the rules of civil procedure in Bryans Road, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Bryans Road, Maryland Lawyer Help?
If you are dealing with a lawsuit in Bryans Road, Maryland, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Bryans Road, Maryland 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.