Litigation Lawyers in Mills River
In Mills River, 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 Mills River, North Carolina, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.
Mills River, 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 Mills River, North Carolina Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Mills River, 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 Mills River, 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 really very uncommon for lawsuits to go trial in Mills River, North Carolina, because the rules of civil procedure in Mills River, 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 Mills River, North Carolina Lawyer Help?
If you're facing any considerable legal issue in Mills River, North Carolina, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Mills River, North Carolina are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.