New Brunswick, New Jersey Civil Procedures

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Litigation Lawyers in New Brunswick

In New Brunswick, 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 New Brunswick, 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.

New Brunswick, 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 New Brunswick, New Jersey Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in New Brunswick, New Jersey, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.

Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity 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 prevent the defendant from being held liable. For example, 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 initial documents have been filed by both parties in the correct New Brunswick, New Jersey court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.

Trial: It is truly quite rare for civil lawsuits in New Brunswick, New Jersey to go to trial, since the rules of civil procedure in New Brunswick 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 New Brunswick, New Jersey Lawyer Help?

If you're facing a lawsuit in New Brunswick, New Jersey whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

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

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Life in New Brunswick

New Brunswick is located in Middlesex County, New Jersey. It is popular because it is home to Rutgers University. The city is located approximately 27 miles southwest of Manhattan. It is near the Raritan River.

New Brunswick's nickname is "the Healthcare City" because there are many hospitals. These hospitals include Robert Wood Johnson University Hospital, Saint Peter's University Hospital, and University of Medicine and Dentistry of New Jersey-Robert Wood Johnson Medical School.

Large employers include Johnson Johnson and Bristol-Myers Squibb. The legal industry is also present in New Brunswick because there are many law offices, and small to mid-size law firms in the city. The legal force here is trained to handle legal needs in all areas of law.

Popular attractions include the Albany Street Bridge, Highland Park, Old Queens, Buccleuch Mansion, St. Peter, the Delaware and Raritan Canal, Rutgers Gardens, and the Henry Guest House.

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