Elizabeth, New Jersey Civil Procedures

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Litigation Lawyers in Elizabeth

In Elizabeth, 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.

Like all laws, the rules of civil procedure in Elizabeth, New Jersey reflect certain values that society, through its elected representatives, wants to promote. So, the rules of civil procedure have the stated goal of ensuring that the justice system is fair, cost effective, efficient, and accessible to everyone who has a legitimate legal grievance.

Elizabeth, New Jersey's civil procedure rules can get pretty complicated, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Elizabeth, New Jersey Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Elizabeth, New Jersey is the complaint. The complaint is filed with the court in Elizabeth, New Jersey that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: The answer is usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances 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 proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: The civil procedure rules in Elizabeth, 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: Although the trial is arguably the most dramatic element of civil procedure in Elizabeth, New Jersey, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Elizabeth is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.

How Can a Elizabeth, New Jersey Lawyer Help?

If you are facing a legal issue of any kind in Elizabeth, New Jersey, you are going to encounter civil procedure issues.

It should go without saying that you should have a Elizabeth, New Jersey attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.

Talk to a Law Attorney now!

Life in Elizabeth

Elizabeth, New Jersey is located in Union County and has a population of over 124,000 people. Elizabeth is the 4th largest city in New Jersey and also serves as the county seat for Union County. In 2008, Popular Science Magazine rated Elizabeth, New Jersey as one of the 50 Greenest Cities in America. It is also one of the nation's oldest cities, being founded in the year 1655 and incorporated in March of 1855.

The city of Elizabeth, New Jersey is a unique combination of business and residential developments. A few examples of Elizabeth's major employers include Bayway Refinery and Newark Liberty International Airport. The Jersey Gardens outlet mall and the Elizabeth Center also generate large amounts of revenue.

Elizabeth, New Jersey is filled with U.S. historical landmarks. Residents and tourists can learn about American history at places such as Liberty Hall Museum. Liberty Hall is a historic mansion built in 1772 by William Livingston, one of the signers of the U.S. Constitution. Many notable U.S. persons were born and raised in Elizabeth, such as author Judy Blume and Poet Joe Weil.

Lawyers in Elizabeth, New Jersey offer assistance for a variety of legal matters and issues. The Union County Courthouse Complex is located in Elizabeth. Many Elizabeth attorneys resolve legal disputes at the courthouse.

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