Litigation Lawyers in Fircrest
In Fircrest, Washington, civil procedure is exactly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
The rules of civil procedure in Fircrest, Washington are designed to make the process of civil litigation as efficient, cost-effective, simple, and fair as possible.
In Fircrest, Washington, civil litigation is typically extremely complicated. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complex. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Fircrest, Washington Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Fircrest, Washington is the complaint. The complaint is filed with the court in Fircrest, Washington 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). Usually, 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: The answer is usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.
Discovery: The civil procedure rules in Fircrest, Washington were written with the purpose of, among other things, avoiding surprises. For that reason, everyone involved 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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: Although the trial is arguably the most dramatic element of civil procedure in Fircrest, Washington, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Fircrest 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 Fircrest, Washington Lawyer Help?
If you're facing a lawsuit in Fircrest, Washington whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
Civil Procedure in Fircrest, Washington can be pretty complicated. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.