Litigation Lawyers in Arden Hills
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Arden Hills, Minnesota. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
Arden Hills, 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 perplexing. So, there is no getting around the fact that the civil procedure rules in Arden Hills, Minnesota are also going to be somewhat perplexing 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 Arden Hills, Minnesota Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Arden Hills, Minnesota is the complaint. The complaint is a document filed with a Arden Hills, Minnesota court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can prove that he acted in self-defense, he likely will not be held liable.
Discovery: Once the initial documents have been filed by both parties in the proper Arden Hills, Minnesota 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 also 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 actually quite rare for civil lawsuits in Arden Hills, Minnesota to go to trial, since the rules of civil procedure in Arden Hills 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 Arden Hills, Minnesota Lawyer Help?
If you're facing any significant legal issue in Arden Hills, Minnesota, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Arden Hills, Minnesota are complex, it's smart to have the counsel of an experienced attorney through every step of the process.