Litigation Lawyers in Cudahy

In Cudahy, Wisconsin, civil procedure is exactly what it sounds like: it refers to the rules that govern how civil litigation is conducted.

In Cudahy, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.

Cudahy, Wisconsin's civil procedure rules can get pretty complicated, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Cudahy, Wisconsin Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Cudahy, Wisconsin, and decide to file a lawsuit, the first document that they file with the court is usually 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 typically 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, usually 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 prove that he acted in self-defense, he likely will not be held liable.

Discovery: Once the complaint and answer have been filed in a Cudahy, 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: In Cudahy, Wisconsin, it's actually extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Cudahy are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence received through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Cudahy, Wisconsin Lawyer Help?

If you are dealing with a lawsuit in Cudahy, Wisconsin, it's almost certain that you will have to deal with issues concerning civil procedure.

Civil Procedure in Cudahy, Wisconsin 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.