Litigation Lawyers in Baldwin
"Civil procedure" in Baldwin, Pennsylvania 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 Baldwin, Pennsylvania are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation in Baldwin, Pennsylvania is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Baldwin, Pennsylvania Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Baldwin, Pennsylvania is the complaint. The complaint is filed with the court in Baldwin, Pennsylvania 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: The answer is normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Baldwin, Pennsylvania were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Baldwin, Pennsylvania, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Baldwin is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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 Baldwin, Pennsylvania Lawyer Help?
If you are facing a legal issue of any kind in Baldwin, Pennsylvania, you are going to face civil procedure issues.
The rules of civil procedure in Baldwin, Pennsylvania are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.