Litigation Lawyers in Plymouth
In Plymouth, Wisconsin, civil procedure is clearly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Plymouth, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.
Plymouth, Wisconsin's civil procedure rules can get pretty convoluted, 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 Plymouth, Wisconsin Civil Procedure Issues
Complaint: In Plymouth, Wisconsin the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is normally filing a complaint. The complaint is also one of the most important documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire 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 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: Once the complaint and answer have been filed in a Plymouth, 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: It's quite rare for lawsuits in Plymouth, Wisconsin to go to trial. Plymouth's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Plymouth, Wisconsin Lawyer Help?
If you're suing someone, or are being sued, in Plymouth, Wisconsin, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Plymouth, Wisconsin can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.
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