Franklin, New Jersey Civil Procedures

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Litigation Lawyers in Franklin

In Franklin, New Jersey, "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.

Like all laws, the rules of civil procedure in Franklin, New Jersey reflect specific values that society, through its elected representatives, wants to advocate. 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.

Franklin, New Jersey'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 Franklin, New Jersey Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Franklin, New Jersey is the complaint. The complaint is filed with the court in Franklin, 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). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

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 Franklin, New Jersey 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 Franklin, New Jersey, because the rules of civil procedure in Franklin, 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 Franklin, New Jersey Lawyer Help?

If you're facing any substantial legal issue in Franklin, New Jersey, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.

The rules of civil procedure in Franklin, New Jersey are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.

Talk to a Law Attorney now!

Life in Franklin

Franklin is located in Sussex County, New Jersey. As of 2010, its population is 5,045 people. Franklin's nickname is the "Fluorescent Mineral Capital of the World," because it's location is over rich land that has over one hundred and fifty minerals. Many of the minerals are fluorescent, hence the name, and twenty-five of the minerals are found nowhere else on earth! Therefore, Franklin is a very special place.

The largest employer is the New Jersey Zinc Company. Earlier, smaller companies mined zing and iron in Franklin. In the early nineteenth century, zinc deposits were found in Franklin. Since then, zinc has become significant for the Franklin economy. The smaller companies merged into one large effort via the New Jersey Zinc Company, formed in 1897.

A few attorneys call Franklin home. These attorneys serve as a source of legal guidance for Franklin residents.

Overall, Franklin is a small city filled with history and rich in culture and minerals!

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