Litigation Lawyers in Prospect Park

"Civil procedure" in Prospect Park, 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.

In Prospect Park, Pennsylvania, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.

Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Prospect Park, Pennsylvania are also going to be somewhat confusing 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 Prospect Park, Pennsylvania Civil Procedure Issues

Complaint: The complaint is probably the most important document that the plaintiff will file in a Prospect Park, 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: The civil procedure rules in Prospect Park, Pennsylvania were written with the purpose of, among other things, preventing surprises. For that reason, everyone engaged 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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: In Prospect Park, Pennsylvania, it's truly very 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 Prospect Park are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, 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 gained 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 Prospect Park, Pennsylvania Lawyer Help?

If you're facing any substantial legal issue in Prospect Park, Pennsylvania, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.

Because the rules of civil procedure in Prospect Park, Pennsylvania are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.