Litigation Lawyers in Waukesha
In Waukesha, Wisconsin, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Waukesha, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Waukesha, Wisconsin are also going to be somewhat confusing and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Waukesha, Wisconsin Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Waukesha, Wisconsin is the complaint. The complaint is a document filed with a Waukesha, Wisconsin court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: The civil procedure rules in Waukesha, Wisconsin were written with the purpose of, among other things, preventing surprises. For that reason, everyone engaged 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: In Waukesha, Wisconsin, it's truly very 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 Waukesha are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, 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 gained 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 Waukesha, Wisconsin Lawyer Help?
If you're facing any substantial legal issue in Waukesha, Wisconsin, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Civil Procedure in Waukesha, Wisconsin can be pretty confusing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.