Litigation Lawyers in Berkeley
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Berkeley, 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.
Berkeley, Missouri's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to advocate those goals, to the greatest extent possible.
In Berkeley, Missouri, civil litigation is usually extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Berkeley, Missouri Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Berkeley, Missouri is the complaint. The complaint is filed with the court in Berkeley, 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). Typically, 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 Berkeley, 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Berkeley, Missouri to go to trial. Berkeley's civil procedure rules truly discourage trials, and alternatively 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 Berkeley, Missouri Lawyer Help?
If you are dealing with a lawsuit in Berkeley, Missouri, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in Berkeley, Missouri can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.