Litigation Lawyers in Asbury Park
In Asbury Park, New Jersey, "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 Asbury Park, New Jersey, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Civil litigation in Asbury Park, New Jersey is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Asbury Park, New Jersey Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Asbury Park, New Jersey lawsuit, and it is usually 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. Therefore, 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 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: The civil procedure rules in Asbury Park, New Jersey were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It is actually quite rare for civil lawsuits in Asbury Park, New Jersey to go to trial, since the rules of civil procedure in Asbury Park strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Asbury Park, New Jersey Lawyer Help?
If you are dealing with a lawsuit in Asbury Park, New Jersey, it's almost certain that you will have to deal with issues concerning civil procedure.
In Asbury Park, New Jersey, procedural complications can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.