Litigation Lawyers in Mount Pleasant

"Civil procedure" in Mount Pleasant, Pennsylvania 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.

In Mount Pleasant, Pennsylvania, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.

Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Mount Pleasant, Pennsylvania 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 Mount Pleasant, Pennsylvania Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Mount Pleasant, Pennsylvania is the complaint. The complaint is a document filed with a Mount Pleasant, Pennsylvania court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.

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 Mount Pleasant, Pennsylvania 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: In Mount Pleasant, Pennsylvania, it's actually extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Mount Pleasant are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Mount Pleasant, Pennsylvania Lawyer Help?

If you're suing someone, or are being sued, in Mount Pleasant, Pennsylvania, dealing with issues of civil procedure is going to be a fact of life for quite some time.

In Mount Pleasant, Pennsylvania, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.