Litigation Lawyers in South Burlington
In South Burlington, Vermont, 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 South Burlington, Vermont 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 South Burlington, Vermont 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 South Burlington, Vermont Civil Procedure Issues
Complaint: In South Burlington, Vermont the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire rest of the case.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally 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 instance, 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 South Burlington, Vermont 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 acquired 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 South Burlington, Vermont to go to trial. South Burlington'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 South Burlington, Vermont Lawyer Help?
If you are dealing with a lawsuit in South Burlington, Vermont, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in South Burlington, Vermont are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.