Litigation Lawyers in Black Mountain
In Black Mountain, North Carolina, "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 Black Mountain, North Carolina are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Black Mountain, North Carolina 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 Black Mountain, North Carolina Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Black Mountain, North Carolina, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Black Mountain, North Carolina were written with the purpose of, among other things, preventing surprises. For that reason, everyone engaged in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Black Mountain, North Carolina, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Black Mountain 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 Black Mountain, North Carolina Lawyer Help?
If you're facing any substantial legal issue in Black Mountain, North Carolina, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Black Mountain, North Carolina are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.