Litigation Lawyers in Oakland

"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Oakland, 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 Oakland, Maine reflect certain values that society, through its elected representatives, wants to promote. 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 Oakland, 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 Oakland, Maine Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Oakland, Maine is the complaint. The complaint is a document filed with a Oakland, 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: The answer is usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Oakland, Maine 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 is actually quite rare for civil lawsuits in Oakland, Maine to go to trial, since the rules of civil procedure in Oakland 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 Oakland, Maine Lawyer Help?

If you're suing someone, or are being sued, in Oakland, Maine, dealing with issues of civil procedure is going to be a fact of life for quite some time.

In Oakland, Maine, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.