Litigation Lawyers in Nichols Hills

"Civil procedure" in Nichols Hills, 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 Nichols Hills, 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 Nichols Hills, 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 Nichols Hills, Oklahoma Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Nichols Hills, Oklahoma is the complaint. The complaint is filed with the court in Nichols Hills, 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 Nichols Hills, 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: In Nichols Hills, Oklahoma, it's really extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Nichols Hills are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Nichols Hills, Oklahoma Lawyer Help?

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

Civil Procedure in Nichols Hills, 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.