Litigation Lawyers in Grafton
In Grafton, North Dakota, "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 Grafton, North Dakota, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
In Grafton, North Dakota, civil litigation is frequently extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Grafton, North Dakota Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Grafton, North Dakota is the complaint. The complaint is a document filed with a Grafton, North Dakota court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons 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 shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Grafton, North Dakota is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is truly quite rare for civil lawsuits in Grafton, North Dakota to go to trial, since the rules of civil procedure in Grafton highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine 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 Grafton, North Dakota Lawyer Help?
If you're facing a lawsuit in Grafton, North Dakota whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Grafton, North Dakota attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.