Litigation Lawyers in Bowling Green
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Bowling Green, 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.
Bowling Green, Missouri'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 Bowling Green, Missouri, civil litigation is frequently 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 Bowling Green, Missouri Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Bowling Green, Missouri, and decide to file a lawsuit, the initial document that they file with the court is normally the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint usually contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
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 the initial documents have been filed by both parties in the proper Bowling Green, Missouri court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Bowling Green, Missouri, because the rules of civil procedure in Bowling Green, 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 Bowling Green, Missouri Lawyer Help?
If you're facing a lawsuit in Bowling Green, Missouri whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in Bowling Green, Missouri can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.