Litigation Lawyers in Horry County

"Civil procedure" in Horry County, South Carolina is a very broad term, and it refers to the wide variety of rules that control 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 Horry County, South Carolina, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.

Civil litigation in Horry County, South Carolina 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 Horry County, South Carolina Civil Procedure Issues

Complaint: The complaint is probably the most important document that the plaintiff will file in a Horry County, South Carolina lawsuit, and it is normally 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. Thus, 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 normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once the initial documents have been filed by both parties in the correct Horry County, South Carolina court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, 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 process: each side can send written questions to the other, which must be answered under oath. They can further 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 is really quite rare for civil lawsuits in Horry County, South Carolina to go to trial, since the rules of civil procedure in Horry County 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 Horry County, South Carolina Lawyer Help?

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

The rules of civil procedure in Horry County, South Carolina are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.