Litigation Lawyers in Woodbury
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Woodbury, 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.
Woodbury, 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 Woodbury, Minnesota, civil litigation is often extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Woodbury, Minnesota Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Woodbury, Minnesota is the complaint. The complaint is filed with the court in Woodbury, 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 simply 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 circumstances 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 proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Woodbury, 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: It is really quite rare for civil lawsuits in Woodbury, Minnesota to go to trial, since the rules of civil procedure in Woodbury strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Woodbury, Minnesota Lawyer Help?
If you are dealing with a lawsuit in Woodbury, Minnesota, it's almost certain that you will have to deal with issues concerning civil procedure.
It should go without saying that you should have a Woodbury, Minnesota attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.