Litigation Lawyers in Mecklenburg County
In Mecklenburg County, 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.
In Mecklenburg County, 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.
Mecklenburg County, North Carolina's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Mecklenburg County, North Carolina Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Mecklenburg County, 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: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually 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 Mecklenburg County, 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 Mecklenburg County, North Carolina to go to trial. Mecklenburg County's civil procedure rules really discourage trials, and rather 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 Mecklenburg County, North Carolina Lawyer Help?
If you are dealing with a lawsuit in Mecklenburg County, North Carolina, it's almost certain that you will have to deal with issues concerning civil procedure.
It should go without saying that you should have a Mecklenburg County, North Carolina attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.