Litigation Lawyers in Battle Ground
In Battle Ground, Washington, 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 Battle Ground, Washington are designed to make the process of civil litigation as efficient, inexpensive, 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 Battle Ground, Washington 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 Battle Ground, Washington Civil Procedure Issues
Complaint: In Battle Ground, Washington 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, 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 establish that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Battle Ground, Washington 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 truly very uncommon for lawsuits to go trial in Battle Ground, Washington, because the rules of civil procedure in Battle Ground, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them determine the issues.
How Can a Battle Ground, Washington Lawyer Help?
If you are dealing with a lawsuit in Battle Ground, Washington, it's almost given that you will have to deal with issues regarding civil procedure.
The rules of civil procedure in Battle Ground, Washington 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.