Litigation Lawyers in Grosse Pointe

"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Grosse Pointe, Michigan. It does not deal with the substantive rights that the litigation system is meant to protect, just the process by which it protects them.

Grosse Pointe, Michigan's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.

Grosse Pointe, Michigan's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Grosse Pointe, Michigan Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Grosse Pointe, Michigan is the complaint. The complaint is filed with the court in Grosse Pointe, Michigan 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally 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 Grosse Pointe, Michigan 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 Grosse Pointe, Michigan, because the rules of civil procedure in Grosse Pointe, 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 Grosse Pointe, Michigan Lawyer Help?

If you are facing a legal issue of any kind in Grosse Pointe, Michigan, you are going to face civil procedure issues.

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