Litigation Lawyers in Eldon
"Civil procedure" refers to the wide variety of rules that govern the process of civil litigation in Eldon, Missouri. It does not deal with the substantive rights that the litigation system is meant to protect, just the process by which it protects them.
Eldon, 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 Eldon, Missouri, civil litigation is typically extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Eldon, Missouri Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Eldon, Missouri, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options 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. Sometimes, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Eldon, Missouri 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 truly quite rare for civil lawsuits in Eldon, Missouri to go to trial, since the rules of civil procedure in Eldon 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 Eldon, Missouri Lawyer Help?
If you're suing someone, or are being sued, in Eldon, Missouri, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Eldon, Missouri are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.