Litigation Lawyers in Blanchester

In Blanchester, Ohio, "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.

Blanchester, Ohio'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.

The rules of civil procedure in Blanchester, Ohio are sometimes intricate. Because civil litigation is an inherently intricate process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.

Major Blanchester, Ohio Civil Procedure Issues

Complaint: The complaint is probably the most important document that the plaintiff will file in a Blanchester, Ohio 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: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.

Discovery: After the complaint has been filed in the Blanchester, Ohio 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: Although the trial is arguably the most dramatic element of civil procedure in Blanchester, Ohio, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Blanchester is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.

How Can a Blanchester, Ohio Lawyer Help?

If you are facing a legal issue of any kind in Blanchester, Ohio, you are going to confront civil procedure issues.

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