Litigation Lawyers in Niles

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

Niles, 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.

Niles, Michigan's civil procedure rules can get pretty confusing, 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 Niles, Michigan Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Niles, Michigan, and decide to file a lawsuit, the initial document that they file with the court is typically the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.

Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, 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 establish that he acted in self-defense, he likely will not be held liable.

Discovery: The civil procedure rules in Niles, Michigan were written with the purpose of, among other things, preventing 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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: Although the trial is arguably the most dramatic element of civil procedure in Niles, Michigan, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Niles 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 Niles, Michigan Lawyer Help?

If you're facing a lawsuit in Niles, Michigan whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.

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