Litigation Lawyers in Mayfield Heights

In Mayfield Heights, 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.

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

Major Mayfield Heights, Ohio Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Mayfield Heights, Ohio is the complaint. The complaint is filed with the court in Mayfield Heights, Ohio that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Mayfield Heights, 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: It is truly quite rare for civil lawsuits in Mayfield Heights, Ohio to go to trial, since the rules of civil procedure in Mayfield Heights 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 Mayfield Heights, Ohio Lawyer Help?

If you are dealing with a lawsuit in Mayfield Heights, Ohio, it's almost certain that you will have to deal with issues concerning civil procedure.

It should go without saying that you should have a Mayfield Heights, 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.