Litigation Lawyers in Muskogee

"Civil procedure" in Muskogee, Oklahoma is a very broad term, and it refers to the wide variety of rules that control 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 Muskogee, Oklahoma are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.

Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Muskogee, Oklahoma are also going to be somewhat convoluted and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.

Major Muskogee, Oklahoma Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Muskogee, Oklahoma is the complaint. The complaint is filed with the court in Muskogee, Oklahoma 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). Normally, 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 a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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 Muskogee, Oklahoma were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed 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: Although the trial is arguably the most dramatic element of civil procedure in Muskogee, Oklahoma, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Muskogee 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 Muskogee, Oklahoma Lawyer Help?

If you're facing a lawsuit in Muskogee, Oklahoma whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

Civil Procedure in Muskogee, Oklahoma can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.