Litigation Lawyers in Pryor Creek
"Civil procedure" in Pryor Creek, Oklahoma is a very broad term, and it refers to the wide variety of rules that govern 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 Pryor Creek, Oklahoma are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation, however, is inherently confusing. So, there is no getting around the fact that the civil procedure rules in Pryor Creek, Oklahoma are also going to be somewhat intricate 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 Pryor Creek, Oklahoma Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Pryor Creek, Oklahoma is the complaint. The complaint is filed with the court in Pryor Creek, 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). 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in Pryor Creek, Oklahoma were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged 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 is truly quite rare for civil lawsuits in Pryor Creek, Oklahoma to go to trial, since the rules of civil procedure in Pryor Creek 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 Pryor Creek, Oklahoma Lawyer Help?
If you're facing a lawsuit in Pryor Creek, Oklahoma 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 Pryor Creek, Oklahoma are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.