Litigation Lawyers in Wauwatosa

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

In Wauwatosa, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and inexpensive as possible.

Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Wauwatosa, Wisconsin are also going to be somewhat complicated 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 Wauwatosa, Wisconsin Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Wauwatosa, Wisconsin is the complaint. The complaint is a document filed with a Wauwatosa, Wisconsin court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.

Answer: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 example, 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 Wauwatosa, Wisconsin were written with the purpose of, among other things, avoiding 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 process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple 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 Wauwatosa, Wisconsin to go to trial. Wauwatosa'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. 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 Wauwatosa, Wisconsin Lawyer Help?

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

It should go without saying that you should have a Wauwatosa, Wisconsin attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're involved in a lawsuit.