Litigation Lawyers in Reston
In Reston, 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 Reston, Virginia are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Reston, Virginia are also going to be somewhat convoluted 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 Reston, Virginia Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Reston, Virginia is the complaint. The complaint is filed with the court in Reston, 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). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply 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 opportunity 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 prevent the defendant from being held liable. For example, 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 Reston, Virginia court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required 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: Although the trial is arguably the most dramatic element of civil procedure in Reston, Virginia, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Reston 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 Reston, Virginia Lawyer Help?
If you're suing someone, or are being sued, in Reston, Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.
In Reston, Virginia, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.