Litigation Lawyers in Radford

In Radford, Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.

The rules of civil procedure in Radford, Virginia are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.

Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Radford, Virginia are also going to be somewhat confusing 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 Radford, Virginia Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Radford, Virginia is the complaint. The complaint is filed with the court in Radford, Virginia 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). Typically, 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: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically 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 Radford, Virginia were written with the purpose of, among other things, preventing surprises. For that reason, everyone engaged 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: It's quite rare for lawsuits in Radford, Virginia to go to trial. Radford's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.

How Can a Radford, Virginia Lawyer Help?

If you are facing a legal issue of any sort in Radford, Virginia, you are going to confront civil procedure issues.

Because the rules of civil procedure in Radford, Virginia are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.