Litigation Lawyers in Hillsboro
"Civil procedure" in Hillsboro, Oregon is a very broad term, and it refers to the wide variety of rules that govern how civil litigation is done. It is to be distinguished from substantive law, which controls the rights that civil litigation is meant to vindicate.
The rules of civil procedure in Hillsboro, Oregon are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Hillsboro, Oregon are also going to be somewhat confusing 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 Hillsboro, Oregon Civil Procedure Issues
Complaint: In Hillsboro, Oregon the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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: After the complaint has been filed in the Hillsboro, Oregon court of competent jurisdiction, the next important 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: Although the trial is arguably the most dramatic element of civil procedure in Hillsboro, Oregon, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Hillsboro is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Hillsboro, Oregon Lawyer Help?
If you are facing a legal issue of any sort in Hillsboro, Oregon, you are going to confront civil procedure issues.
In Hillsboro, Oregon, procedural pitfalls 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.