Litigation Lawyers in Dannemora
In Dannemora, New York, "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 Dannemora, New York 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.
Civil litigation in Dannemora, New York 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 Dannemora, New York Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Dannemora, New York is the complaint. The complaint is a document filed with a Dannemora, New York court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
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: After the complaint has been filed in the Dannemora, New York court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is truly quite rare for civil lawsuits in Dannemora, New York to go to trial, since the rules of civil procedure in Dannemora 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 Dannemora, New York Lawyer Help?
If you are dealing with a lawsuit in Dannemora, New York, it's almost certain that you will have to deal with issues concerning civil procedure.
The rules of civil procedure in Dannemora, New York are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.