Litigation Lawyers in Old Orchard Beach
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Old Orchard Beach, Maine. 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 Old Orchard Beach, Maine 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 in Old Orchard Beach, Maine is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Old Orchard Beach, Maine Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Old Orchard Beach, Maine is the complaint. The complaint is a document filed with an Old Orchard Beach, Maine court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons 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 shown, 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 procedure in civil litigation in Old Orchard Beach, Maine is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated 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: Although the trial is arguably the most dramatic element of civil procedure in Old Orchard Beach, Maine, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Old Orchard Beach is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Old Orchard Beach, Maine Lawyer Help?
If you're facing a lawsuit in Old Orchard Beach, Maine whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in Old Orchard Beach, Maine can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.