Litigation Lawyers in Bellefontaine Neighbors
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Bellefontaine Neighbors, Missouri. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.
Bellefontaine Neighbors, Missouri'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.
In Bellefontaine Neighbors, Missouri, civil litigation is frequently extremely perplexing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly perplexing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Bellefontaine Neighbors, Missouri Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Bellefontaine Neighbors, Missouri is the complaint. The complaint is filed with the court in Bellefontaine Neighbors, Missouri 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 just 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 avenues 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. Occasionally, 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: After the complaint has been filed in the Bellefontaine Neighbors, Missouri court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Bellefontaine Neighbors, Missouri, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Bellefontaine Neighbors 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 Bellefontaine Neighbors, Missouri Lawyer Help?
If you are facing a legal issue of any sort in Bellefontaine Neighbors, Missouri, you are going to encounter civil procedure issues.
In Bellefontaine Neighbors, Missouri, procedural complications can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.