Litigation Lawyers in Cumberland
"Civil procedure" in Cumberland, Rhode Island 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 Cumberland, Rhode Island, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Civil litigation in Cumberland, Rhode Island is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Cumberland, Rhode Island Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Cumberland, Rhode Island, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally 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: The civil procedure rules in Cumberland, Rhode Island were written with the purpose of, among other things, avoiding 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: It is truly quite rare for civil lawsuits in Cumberland, Rhode Island to go to trial, since the rules of civil procedure in Cumberland strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Cumberland, Rhode Island Lawyer Help?
If you're facing any substantial legal issue in Cumberland, Rhode Island, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Cumberland, Rhode Island are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.