Litigation Lawyers in Eden Prairie
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Eden Prairie, 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.
Eden Prairie, 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 Eden Prairie, 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 Eden Prairie, Minnesota Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Eden Prairie, Minnesota is the complaint. The complaint is filed with the court in Eden Prairie, Minnesota that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Eden Prairie, Minnesota were written with the purpose of, among other things, preventing 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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 Eden Prairie, Minnesota to go to trial. Eden Prairie's civil procedure rules actually discourage trials, and instead have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Eden Prairie, Minnesota Lawyer Help?
If you are facing a legal issue of any sort in Eden Prairie, Minnesota, you are going to encounter civil procedure issues.
Because the rules of civil procedure in Eden Prairie, Minnesota are complex, it's smart to have the counsel of an experienced attorney through every step of the process.