Litigation Lawyers in Cary
In Cary, North Carolina, "civil procedure" is a broad term that refers to all of the statutes that control the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which covers the rights and obligations that the civil justice system is designed to protect.
The rules of civil procedure in Cary, North Carolina are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Cary, North Carolina is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Cary, North Carolina Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Cary, North Carolina lawsuit, and it is normally 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. Thus, 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 normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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 Cary, North Carolina court of competent jurisdiction, the next major 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 received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Cary, North Carolina, because the rules of civil procedure in Cary, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Cary, North Carolina Lawyer Help?
If you are facing a legal issue of any kind in Cary, North Carolina, you are going to face civil procedure issues.
Because the rules of civil procedure in Cary, North Carolina are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.