Litigation Lawyers in Houghton

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

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

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

Major Houghton, Michigan Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Houghton, Michigan is the complaint. The complaint is filed with the court in Houghton, 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). Usually, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can prove that he acted in self-defense, he likely will not be held liable.

Discovery: After the complaint has been filed in the Houghton, Michigan court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.

Trial: Although the trial is arguably the most dramatic element of civil procedure in Houghton, Michigan, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Houghton is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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 Houghton, Michigan Lawyer Help?

If you are facing a legal issue of any kind in Houghton, Michigan, you are going to encounter civil procedure issues.

The rules of civil procedure in Houghton, Michigan are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.