Litigation Lawyers in Draper
"Civil procedure" in Draper, Utah 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.
Draper, Utah's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to promote those goals, to the greatest extent possible.
Civil litigation, however, is inherently perplexing. So, there is no getting around the fact that the civil procedure rules in Draper, Utah 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 Draper, Utah Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Draper, Utah is the complaint. The complaint is filed with the court in Draper, 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). Usually, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Draper, Utah court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is actually quite rare for civil lawsuits in Draper, Utah to go to trial, since the rules of civil procedure in Draper highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine 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 Draper, Utah Lawyer Help?
If you're facing any significant legal issue in Draper, Utah, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Draper, Utah are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.