Litigation Lawyers in Brainerd
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Brainerd, 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.
Brainerd, Minnesota'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.
Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Brainerd, Minnesota are also going to be somewhat convoluted 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 Brainerd, Minnesota Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Brainerd, Minnesota is the complaint. The complaint is a document filed with a Brainerd, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, normally by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, 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 show that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Brainerd, Minnesota were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed 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: Although the trial is arguably the most dramatic element of civil procedure in Brainerd, Minnesota, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Brainerd is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Brainerd, Minnesota Lawyer Help?
If you are facing a legal issue of any kind in Brainerd, Minnesota, you are going to face civil procedure issues.
It should go without saying that you should have a Brainerd, Minnesota attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.