Litigation Lawyers in Palmerton
"Civil procedure" in Palmerton, Pennsylvania is a very broad term, and it refers to the wide variety of rules that regulate how civil litigation is done. It is to be distinguished from substantive law, which controls the rights that civil litigation is meant to vindicate.
In Palmerton, Pennsylvania, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and low-cost as possible.
Civil litigation, however, is inherently perplexing. So, there is no getting around the fact that the civil procedure rules in Palmerton, Pennsylvania are also going to be somewhat perplexing 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 Palmerton, Pennsylvania Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Palmerton, Pennsylvania is the complaint. The complaint is a document filed with a Palmerton, Pennsylvania court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Palmerton, 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 obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Palmerton, Pennsylvania, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Palmerton is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Palmerton, Pennsylvania Lawyer Help?
If you're facing any significant legal issue in Palmerton, Pennsylvania, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Palmerton, Pennsylvania can be pretty perplexing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.