Litigation Lawyers in Kettering
In Kettering, Ohio, "civil procedure" is a broad term that refers to all of the statutes that control the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which covers the rights and obligations that the civil justice system is designed to protect.
Kettering, Ohio's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.
In Kettering, Ohio, civil litigation is often extremely convoluted. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly difficult. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Kettering, Ohio Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Kettering, Ohio is the complaint. The complaint is a document filed with a Kettering, Ohio 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options 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. Sometimes, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Kettering, Ohio is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Kettering, Ohio, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Kettering 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 Kettering, Ohio Lawyer Help?
If you're suing someone, or are being sued, in Kettering, Ohio, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Kettering, Ohio are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.