Litigation Lawyers in Carolina Beach
In Carolina Beach, North Carolina, "civil procedure" is a broad term that refers to all of the rules that govern the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which governs the rights and obligations that the civil justice system is designed to safeguard.
The rules of civil procedure in Carolina Beach, North Carolina are designed to make the process of civil litigation as efficient, inexpensive, simple, and fair as possible.
Civil litigation in Carolina Beach, 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 Carolina Beach, North Carolina Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Carolina Beach, North Carolina lawsuit, and it is usually the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Therefore, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: After the complaint has been filed in the Carolina Beach, North Carolina court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Carolina Beach, North Carolina to go to trial. Carolina Beach's civil procedure rules actually discourage trials, and instead have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Carolina Beach, North Carolina Lawyer Help?
If you are dealing with a lawsuit in Carolina Beach, North Carolina, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in Carolina Beach, North Carolina can be pretty perplexing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.