Litigation Lawyers in Columbia Falls
In Columbia Falls, Montana, "civil procedure" is a broad term that refers to all of the laws that regulate the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which regulates the rights and obligations that the civil justice system is designed to safeguard.
The rules of civil procedure in Columbia Falls, Montana are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Columbia Falls, Montana is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Columbia Falls, Montana Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Columbia Falls, Montana is the complaint. The complaint is filed with the court in Columbia Falls, Montana 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: 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 Columbia Falls, Montana 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: Although the trial is arguably the most dramatic element of civil procedure in Columbia Falls, Montana, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Columbia Falls 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 Columbia Falls, Montana Lawyer Help?
If you're facing a lawsuit in Columbia Falls, Montana whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Civil Procedure in Columbia Falls, Montana 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.