Litigation Lawyers in Independence

In Independence, 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 safeguard.

Independence, 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.

In Independence, Ohio, civil litigation is usually extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.

Major Independence, Ohio Civil Procedure Issues

Complaint: Perhaps the most significant part of filing a lawsuit in Independence, Ohio is the complaint. The complaint is a document filed with an Independence, Ohio court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.

Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues 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. Occasionally, 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: After the complaint has been filed in the Independence, Ohio court of competent jurisdiction, the next important 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 Independence, Ohio to go to trial, since the rules of civil procedure in Independence highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine 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 Independence, Ohio Lawyer Help?

If you are dealing with a lawsuit in Independence, Ohio, it's almost given that you will have to deal with issues regarding civil procedure.

The rules of civil procedure in Independence, Ohio are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.