Litigation Lawyers in Ashland
In Ashland, Virginia, civil procedure is clearly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
The rules of civil procedure in Ashland, Virginia are designed to make the process of civil litigation as efficient, affordable, simple, and fair as possible.
The rules of civil procedure in Ashland, Virginia are sometimes convoluted. Because civil litigation is an inherently complicated process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Ashland, Virginia Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Ashland, Virginia, and decide to file a lawsuit, the first document that they file with the court is normally 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 usually 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: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Ashland, Virginia were written with the purpose of, among other things, avoiding 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 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: Although the trial is arguably the most dramatic element of civil procedure in Ashland, Virginia, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Ashland is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Ashland, Virginia Lawyer Help?
If you're facing any considerable legal issue in Ashland, Virginia, you can be pretty much certain 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 an Ashland, Virginia attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.