Litigation Lawyers in Plainview
In Plainview, 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.
Plainview, New York's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to advocate those goals, to the greatest extent possible.
Plainview, New York'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 Plainview, New York Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Plainview, New York lawsuit, and it is typically the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once the complaint and answer have been filed in a Plainview, New York 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: It's quite rare for lawsuits in Plainview, New York to go to trial. Plainview's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Plainview, New York Lawyer Help?
If you're facing a lawsuit in Plainview, New York whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Civil Procedure in Plainview, New York can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.