Litigation Lawyers in Woodfin
In Woodfin, North Carolina, "civil procedure" is a broad term that refers to all of the laws that regulate the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which regulates the rights and obligations that the civil justice system is designed to safeguard.
In Woodfin, North Carolina, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and low-cost as possible.
Woodfin, North Carolina's civil procedure rules can get pretty confusing, however. They regulate every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Woodfin, North Carolina Civil Procedure Issues
Complaint: In Woodfin, North Carolina the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: Once the complaint and answer have been filed in a Woodfin, North Carolina court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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 truly very uncommon for lawsuits to go trial in Woodfin, North Carolina, because the rules of civil procedure in Woodfin, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Woodfin, North Carolina Lawyer Help?
If you are dealing with a lawsuit in Woodfin, North Carolina, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in Woodfin, North Carolina can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.