Litigation Lawyers in Milton Freewater
"Civil procedure" in Milton Freewater, 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 Milton Freewater, Oregon are designed to make the process of civil litigation as efficient, inexpensive, 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 Milton Freewater, 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 Milton Freewater, Oregon Civil Procedure Issues
Complaint: In Milton Freewater, 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: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: Once the complaint and answer have been filed in a Milton Freewater, Oregon court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: it's truly very uncommon for lawsuits to go trial in Milton Freewater, Oregon, because the rules of civil procedure in Milton Freewater, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.
How Can a Milton Freewater, Oregon Lawyer Help?
If you're facing any substantial legal issue in Milton Freewater, Oregon, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Milton Freewater, Oregon are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.