Litigation Lawyers in Alexandria
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Alexandria, Minnesota. It does not deal with the substantive rights that the litigation system is meant to protect, just the process by which it protects them.
Alexandria, Minnesota'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 Alexandria, Minnesota 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 Alexandria, Minnesota Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Alexandria, Minnesota is the complaint. The complaint is a document filed with an Alexandria, Minnesota 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: The civil procedure rules in Alexandria, Minnesota were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: In Alexandria, Minnesota, it's actually extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Alexandria are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence received through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Alexandria, Minnesota Lawyer Help?
If you're facing any significant legal issue in Alexandria, Minnesota, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Alexandria, Minnesota can be pretty complicated. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.