Litigation Lawyers in Solon
"Civil procedure" in Solon, Ohio is a very broad term, and it refers to the wide variety of rules that regulate how civil litigation is conducted. It is to be distinguished from substantive law, which governs the rights that civil litigation is meant to vindicate.
The rules of civil procedure in Solon, Ohio are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
The rules of civil procedure in Solon, Ohio are sometimes complicated. Because civil litigation is an inherently complex 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 Solon, Ohio Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Solon, Ohio, and decide to file a lawsuit, the first document that they file with the court is usually the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint typically contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: The civil procedure rules in Solon, Ohio were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It's quite rare for lawsuits in Solon, Ohio to go to trial. Solon's civil procedure rules actually discourage trials, and instead 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 Solon, Ohio Lawyer Help?
If you're facing a lawsuit in Solon, Ohio whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Because the rules of civil procedure in Solon, Ohio are complex, it's smart to have the counsel of an experienced attorney through every step of the process.