Litigation Lawyers in Oregon City
"Civil procedure" in Oregon City, Oregon is a very broad term, and it refers to the wide variety of rules that regulate 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 Oregon City, Oregon are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Oregon City, Oregon are also going to be somewhat complicated 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 Oregon City, Oregon Civil Procedure Issues
Complaint: In Oregon City, Oregon the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually filing a complaint. The complaint is also one of the most important 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 usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 example, 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 both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Oregon City, Oregon 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 actually quite rare for civil lawsuits in Oregon City, Oregon to go to trial, since the rules of civil procedure in Oregon City 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 Oregon City, Oregon Lawyer Help?
If you're suing someone, or are being sued, in Oregon City, Oregon, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Oregon City, Oregon are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.