Litigation Lawyers in Hastings
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Hastings, 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.
Hastings, 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 complex. So, there is no getting around the fact that the civil procedure rules in Hastings, Minnesota are also going to be somewhat complicated 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 Hastings, Minnesota Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Hastings, Minnesota is the complaint. The complaint is filed with the court in Hastings, 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 simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Hastings, Minnesota is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: In Hastings, Minnesota, it's actually extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Hastings are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Hastings, Minnesota Lawyer Help?
If you are facing a legal issue of any kind in Hastings, Minnesota, you are going to encounter civil procedure issues.
Because the rules of civil procedure in Hastings, Minnesota are complex, it's smart to have the counsel of an experienced attorney through every step of the process.