Litigation Lawyers in Madawaska

"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Madawaska, Maine. 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 Madawaska, Maine 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 in Madawaska, Maine is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.

Major Madawaska, Maine Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Madawaska, Maine is the complaint. The complaint is a document filed with a Madawaska, Maine 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 normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually 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: The civil procedure rules in Madawaska, Maine were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.

Trial: It is really quite rare for civil lawsuits in Madawaska, Maine to go to trial, since the rules of civil procedure in Madawaska strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Madawaska, Maine Lawyer Help?

If you're facing a lawsuit in Madawaska, Maine whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

Because the rules of civil procedure in Madawaska, Maine are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.