Litigation Lawyers in West Allis
In West Allis, Wisconsin, civil procedure is exactly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In West Allis, 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 West Allis, 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 West Allis, Wisconsin Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in West Allis, Wisconsin is the complaint. The complaint is a document filed with a West Allis, 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 West Allis, 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 West Allis, Wisconsin to go to trial. West Allis'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 West Allis, Wisconsin Lawyer Help?
If you're facing a lawsuit in West Allis, Wisconsin whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
It should go without saying that you should have a West Allis, 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.