Litigation Lawyers in Tecumseh

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

Complaint: The first, and perhaps most important, part of filing a lawsuit in Tecumseh, Oklahoma is the complaint. The complaint is filed with the court in Tecumseh, 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: 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Tecumseh, Oklahoma is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

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

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

Because the rules of civil procedure in Tecumseh, Oklahoma are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.