Litigation Lawyers in Andover
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Andover, 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.
Andover, Minnesota'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.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Andover, Minnesota are also going to be somewhat intricate 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 Andover, Minnesota Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Andover, Minnesota is the complaint. The complaint is a document filed with an Andover, 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 typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally 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 Andover, Minnesota were written with the purpose of, among other things, avoiding 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 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: It's quite rare for lawsuits in Andover, Minnesota to go to trial. Andover's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Andover, Minnesota Lawyer Help?
If you are dealing with a lawsuit in Andover, Minnesota, it's almost certain that you will have to deal with issues concerning civil procedure.
Civil Procedure in Andover, Minnesota can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.