Litigation Lawyers in Sault Ste. Marie
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Sault Ste. Marie, 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.
Sault Ste. Marie, 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.
Sault Ste. Marie, 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 Sault Ste. Marie, Michigan Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Sault Ste. Marie, Michigan lawsuit, and it is typically the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
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 the complaint and answer have been filed in a Sault Ste. Marie, Michigan court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: it's truly very uncommon for lawsuits to go trial in Sault Ste. Marie, Michigan, because the rules of civil procedure in Sault Ste. Marie, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Sault Ste. Marie, Michigan Lawyer Help?
If you are dealing with a lawsuit in Sault Ste. Marie, Michigan, it's almost given that you will have to deal with issues regarding civil procedure.
In Sault Ste. Marie, Michigan, procedural dilemmas can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.