Litigation Lawyers in Jersey Shore
"Civil procedure" in Jersey Shore, Pennsylvania is a very broad term, and it refers to the wide variety of rules that govern how civil litigation is conducted. It is to be distinguished from substantive law, which governs the rights that civil litigation is meant to vindicate.
In Jersey Shore, Pennsylvania, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Jersey Shore, Pennsylvania's civil procedure rules can get pretty intricate, however. They regulate every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Jersey Shore, Pennsylvania Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Jersey Shore, 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 typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically 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: Once the initial documents have been filed by both parties in the correct Jersey Shore, Pennsylvania court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It's quite rare for lawsuits in Jersey Shore, Pennsylvania to go to trial. Jersey Shore'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. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Jersey Shore, Pennsylvania Lawyer Help?
If you're suing someone, or are being sued, in Jersey Shore, Pennsylvania, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Jersey Shore, Pennsylvania are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.