Litigation Lawyers in Traverse City
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Traverse City, 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.
Traverse City, 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.
Traverse City, Michigan's civil procedure rules can get pretty difficult, 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 Traverse City, Michigan Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Traverse City, Michigan lawsuit, and it is normally 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. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once the initial documents have been filed by both parties in the proper Traverse City, Michigan court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It is really quite rare for civil lawsuits in Traverse City, Michigan to go to trial, since the rules of civil procedure in Traverse City highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine 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 Traverse City, Michigan Lawyer Help?
If you're facing a lawsuit in Traverse City, Michigan whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
In Traverse City, Michigan, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.