Litigation Lawyers in Burlington
In Burlington, Vermont, 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 Burlington, Vermont are designed to make the process of civil litigation as efficient, affordable, 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 Burlington, Vermont 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 Burlington, Vermont Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Burlington, Vermont lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Burlington, Vermont court of competent jurisdiction, the next major 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 received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Burlington, Vermont to go to trial. Burlington's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Burlington, Vermont Lawyer Help?
If you are dealing with a lawsuit in Burlington, Vermont, it's almost certain that you will have to deal with issues concerning civil procedure.
It should go without saying that you should have a Burlington, Vermont attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.