Litigation Lawyers in Spencer

"Civil procedure" in Spencer, 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 Spencer, 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 Spencer, 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 Spencer, Oklahoma Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Spencer, Oklahoma is the complaint. The complaint is filed with the court in Spencer, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.

Discovery: After the complaint has been filed in the Spencer, Oklahoma court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.

Trial: It is truly quite rare for civil lawsuits in Spencer, Oklahoma to go to trial, since the rules of civil procedure in Spencer 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 Spencer, Oklahoma Lawyer Help?

If you're suing someone, or are being sued, in Spencer, Oklahoma, dealing with issues of civil procedure is going to be a fact of life for quite some time.

In Spencer, Oklahoma, procedural complications can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.