Litigation Lawyers in Wixom
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Wixom, 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.
Wixom, 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.
Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Wixom, Michigan are also going to be somewhat complicated and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Wixom, Michigan Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Wixom, Michigan is the complaint. The complaint is a document filed with a Wixom, Michigan court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Wixom, Michigan is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is actually quite rare for civil lawsuits in Wixom, Michigan to go to trial, since the rules of civil procedure in Wixom 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 Wixom, Michigan Lawyer Help?
If you're suing someone, or are being sued, in Wixom, Michigan, dealing with issues of civil procedure is going to be a fact of life for quite some time.
In Wixom, Michigan, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.