Litigation Lawyers in Darby
"Civil procedure" in Darby, Pennsylvania 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 Darby, Pennsylvania are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.
Civil litigation in Darby, Pennsylvania is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Darby, Pennsylvania Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Darby, Pennsylvania lawsuit, and it is typically the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the 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 Darby, Pennsylvania 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: It's quite rare for lawsuits in Darby, Pennsylvania to go to trial. Darby's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Darby, Pennsylvania Lawyer Help?
If you are dealing with a lawsuit in Darby, Pennsylvania, it's almost given that you will have to deal with issues regarding civil procedure.
It should go without saying that you should have a Darby, Pennsylvania attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.