Litigation Lawyers in Mount Rainier
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Mount Rainier, 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 Mount Rainier, Maryland 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.
Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Mount Rainier, Maryland are also going to be somewhat convoluted 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 Mount Rainier, Maryland Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Mount Rainier, Maryland is the complaint. The complaint is filed with the court in Mount Rainier, Maryland that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Mount Rainier, Maryland 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: it's really very uncommon for lawsuits to go trial in Mount Rainier, Maryland, because the rules of civil procedure in Mount Rainier, 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 Mount Rainier, Maryland Lawyer Help?
If you're facing a lawsuit in Mount Rainier, Maryland whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Civil Procedure in Mount Rainier, Maryland can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.