Litigation Lawyers in Brookfield
"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Brookfield, 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.
Brookfield, 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 Brookfield, Missouri, civil litigation is frequently 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 Brookfield, Missouri Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Brookfield, Missouri, and decide to file a lawsuit, the initial document that they file with the court is typically 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 normally 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 typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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 both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Brookfield, Missouri is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated 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: In Brookfield, Missouri, it's truly very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Brookfield are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence gained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Brookfield, Missouri Lawyer Help?
If you are dealing with a lawsuit in Brookfield, Missouri, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in Brookfield, 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.