Litigation Lawyers in Goldsboro
In Goldsboro, 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.
In Goldsboro, North Carolina, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Goldsboro, North Carolina's civil procedure rules can get pretty complicated, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Goldsboro, North Carolina Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Goldsboro, North Carolina, and decide to file a lawsuit, the first document that they file with the court is usually the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint typically 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: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once the complaint and answer have been filed in a Goldsboro, North Carolina court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: It's quite rare for lawsuits in Goldsboro, North Carolina to go to trial. Goldsboro'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Goldsboro, North Carolina Lawyer Help?
If you're facing a lawsuit in Goldsboro, North Carolina whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Goldsboro, North Carolina attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.