Litigation Lawyers in North Myrtle Beach
"Civil procedure" in North Myrtle Beach, South Carolina is a very broad term, and it refers to the wide variety of rules that control how civil litigation is done. It is to be distinguished from substantive law, which controls the rights that civil litigation is meant to vindicate.
The civil procedure rules in North Myrtle Beach, South Carolina are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most notably, fairness.
North Myrtle Beach, South Carolina's civil procedure rules can get pretty difficult, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major North Myrtle Beach, South Carolina Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in North Myrtle Beach, South Carolina is the complaint. The complaint is filed with the court in North Myrtle Beach, South Carolina that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, normally by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can show that he acted in self-defense, he likely will not be held liable.
Discovery: Once the complaint and answer have been filed in a North Myrtle Beach, South Carolina court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.
Trial: In North Myrtle Beach, South Carolina, it's really 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 North Myrtle Beach 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 North Myrtle Beach, South Carolina Lawyer Help?
If you're facing any considerable legal issue in North Myrtle Beach, South Carolina, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
It should go without saying that you should have a North Myrtle Beach, South Carolina attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're immersed in a lawsuit.