Litigation Lawyers in Hamtramck

"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Hamtramck, 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.

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

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

Major Hamtramck, Michigan Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Hamtramck, Michigan is the complaint. The complaint is filed with the court in Hamtramck, 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). Typically, 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 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 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: The civil procedure rules in Hamtramck, Michigan were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged 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 truly quite rare for civil lawsuits in Hamtramck, Michigan to go to trial, since the rules of civil procedure in Hamtramck 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 Hamtramck, Michigan Lawyer Help?

If you're facing any substantial legal issue in Hamtramck, Michigan, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.

It should go without saying that you should have a Hamtramck, Michigan attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're engaged in a lawsuit.