Litigation Lawyers in Garner
In Garner, 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 protect.
The rules of civil procedure in Garner, North Carolina are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
Civil litigation in Garner, 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 Garner, North Carolina Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Garner, 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 usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Garner, North Carolina were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: It is actually quite rare for civil lawsuits in Garner, North Carolina to go to trial, since the rules of civil procedure in Garner 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 Garner, North Carolina Lawyer Help?
If you're facing a lawsuit in Garner, North Carolina whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Because the rules of civil procedure in Garner, North Carolina are complex, it's smart to have the counsel of an experienced attorney through every step of the process.