Litigation Lawyers in Wadena
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Wadena, 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.
Wadena, 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.
In Wadena, Minnesota, civil litigation is usually extremely difficult. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly intricate. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Wadena, Minnesota Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Wadena, Minnesota is the complaint. The complaint is filed with the court in Wadena, 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). Normally, 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 normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Wadena, Minnesota is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated 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: it's really very uncommon for lawsuits to go trial in Wadena, Minnesota, because the rules of civil procedure in Wadena, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.
How Can a Wadena, Minnesota Lawyer Help?
If you are facing a legal issue of any sort in Wadena, Minnesota, you are going to face civil procedure issues.
The rules of civil procedure in Wadena, Minnesota are not always simple or intuitive. With that in mind, it's very important to have a seasoned attorney on your side, to help you through the process.