Litigation Lawyers in Cottage Grove
In Cottage Grove, Wisconsin, civil procedure is precisely what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Cottage Grove, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.
Cottage Grove, Wisconsin's civil procedure rules can get pretty intricate, however. They regulate every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Cottage Grove, Wisconsin Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Cottage Grove, Wisconsin, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
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, typically 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 establish that he acted in self-defense, he likely will not be held liable.
Discovery: Once the complaint and answer have been filed in a Cottage Grove, Wisconsin 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 Cottage Grove, Wisconsin, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Cottage Grove 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 Cottage Grove, Wisconsin Lawyer Help?
If you're facing any substantial legal issue in Cottage Grove, Wisconsin, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Cottage Grove, Wisconsin can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.