Litigation Lawyers in Elk River

"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Elk River, 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.

Elk River, 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 complicated. So, there is no getting around the fact that the civil procedure rules in Elk River, Minnesota are also going to be somewhat confusing 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 Elk River, Minnesota Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Elk River, Minnesota is the complaint. The complaint is filed with the court in Elk River, 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). Typically, 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: 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, typically 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 establish that he acted in self-defense, he likely will not be held liable.

Discovery: Once the complaint and answer have been filed in a Elk River, Minnesota court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: Although the trial is arguably the most dramatic element of civil procedure in Elk River, Minnesota, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Elk River is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Elk River, Minnesota Lawyer Help?

If you're facing a lawsuit in Elk River, Minnesota whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.

Civil Procedure in Elk River, Minnesota can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.