Litigation Lawyers in Marshfield
In Marshfield, Wisconsin, civil procedure is exactly what it sounds like: it refers to the laws that control how civil litigation is done.
In Marshfield, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
Marshfield, Wisconsin's civil procedure rules can get pretty perplexing, 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 Marshfield, Wisconsin Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Marshfield, Wisconsin lawsuit, and it is usually 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. Therefore, 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 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 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: The civil procedure rules in Marshfield, Wisconsin were written with the purpose of, among other things, preventing 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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: It's quite rare for lawsuits in Marshfield, Wisconsin to go to trial. Marshfield's civil procedure rules actually discourage trials, and instead have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Marshfield, Wisconsin Lawyer Help?
If you are facing a legal issue of any sort in Marshfield, Wisconsin, you are going to encounter civil procedure issues.
The rules of civil procedure in Marshfield, Wisconsin are not always simple or intuitive. With that in mind, it's very important to have a reputable attorney on your side, to help you through the process.