Litigation Lawyers in Shamokin

"Civil procedure" in Shamokin, 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 Shamokin, 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 Shamokin, 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 Shamokin, Pennsylvania Civil Procedure Issues

Complaint: In Shamokin, Pennsylvania the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is usually filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.

Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually 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: Once the initial documents have been filed by both parties in the proper Shamokin, 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. Basically, 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 procedure: each side can send written questions to the other, which must be answered under oath. They can also 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 actually very uncommon for lawsuits to go trial in Shamokin, Pennsylvania, because the rules of civil procedure in Shamokin, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.

How Can a Shamokin, Pennsylvania Lawyer Help?

If you're facing a lawsuit in Shamokin, Pennsylvania whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.

Because the rules of civil procedure in Shamokin, Pennsylvania are complex, it's smart to have the counsel of an experienced attorney through every step of the process.