Litigation Lawyers in Lake Geneva
In Lake Geneva, Wisconsin, civil procedure is clearly what it sounds like: it refers to the laws that control how civil litigation is done.
In Lake Geneva, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and low-cost as possible.
Lake Geneva, Wisconsin's civil procedure rules can get pretty difficult, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Lake Geneva, Wisconsin Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Lake Geneva, Wisconsin lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons 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 shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once the complaint and answer have been filed in a Lake Geneva, Wisconsin court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated 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: it's really very uncommon for lawsuits to go trial in Lake Geneva, Wisconsin, because the rules of civil procedure in Lake Geneva, 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 Lake Geneva, Wisconsin Lawyer Help?
If you're facing a lawsuit in Lake Geneva, Wisconsin whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
Because the rules of civil procedure in Lake Geneva, Wisconsin are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.