Litigation Lawyers in White Bear Lake
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in White Bear Lake, 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.
White Bear Lake, 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 White Bear Lake, 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 White Bear Lake, Minnesota Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in White Bear Lake, Minnesota is the complaint. The complaint is filed with the court in White Bear Lake, 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once the complaint and answer have been filed in a White Bear Lake, 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: It's quite rare for lawsuits in White Bear Lake, Minnesota to go to trial. White Bear Lake's civil procedure rules really discourage trials, and rather 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 White Bear Lake, Minnesota Lawyer Help?
If you are dealing with a lawsuit in White Bear Lake, Minnesota, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in White Bear Lake, 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.