Hoboken, New Jersey Civil Procedures

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Litigation Lawyers in Hoboken

In Hoboken, 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 protect.

Like all laws, the rules of civil procedure in Hoboken, 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.

Hoboken, New Jersey's civil procedure rules can get pretty intricate, 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 Hoboken, New Jersey Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Hoboken, New Jersey is the complaint. The complaint is filed with the court in Hoboken, 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 simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.

Discovery: Once the complaint and answer have been filed in a Hoboken, New Jersey court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required 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: In Hoboken, New Jersey, it's truly extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Hoboken are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Hoboken, New Jersey Lawyer Help?

If you're suing someone, or are being sued, in Hoboken, New Jersey, dealing with issues of civil procedure is going to be a fact of life for quite some time.

Because the rules of civil procedure in Hoboken, New Jersey are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.

Talk to a Law Attorney now!

Life in Hoboken

Hoboken is located in New Jersey's Hudson County. Per the 2010 census, Hoboken is home to 50,005 people.

Popular attractions include Church Square Park, Columbus Park, Elysian Park, Stevens Park, Madison Park, Gateway Park, Hudson River Waterfront Walkway, Bayonne Bridge, Hoboken Terminal, Pier A, Frank Sinatra Park, Castle Point Park, and Hoboken Cove.

Images of Hoboken display the city's breathtaking beauty and charm. Residents love living here. In the list of residents, practicing attorneys are included. Therefore, any legal need of residents and/or small businesses will be tended to by the legal force of Hoboken. For large complex matters, the top tier legal force in New York is close by.

Overall, residents have the advantage of living in a beautiful area, being close to New York, and having a strong legal force both within and nearby their homes. Next time one visits New Jersey or New York, Hoboken is definitely a place to visit!

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