Litigation Lawyers in Bountiful
"Civil procedure" in Bountiful, Utah 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.
Bountiful, Utah's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.
Civil litigation, however, is inherently intricate. So, there is no getting around the fact that the civil procedure rules in Bountiful, Utah are also going to be somewhat difficult 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 Bountiful, Utah Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Bountiful, Utah is the complaint. The complaint is filed with the court in Bountiful, Utah 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: The civil procedure rules in Bountiful, Utah were written with the purpose of, among other things, preventing surprises. For that reason, everyone immersed 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 Bountiful, Utah, 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 Bountiful 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 acquired 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 Bountiful, Utah Lawyer Help?
If you're facing any considerable legal issue in Bountiful, Utah, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Bountiful, Utah can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.