Litigation Lawyers in West Milwaukee
In West Milwaukee, Wisconsin, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In West Milwaukee, 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 West Milwaukee, 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 West Milwaukee, Wisconsin Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in West Milwaukee, Wisconsin is the complaint. The complaint is a document filed with a West Milwaukee, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.
Discovery: Once the initial documents have been filed by both parties in the proper West Milwaukee, Wisconsin court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It is truly quite rare for civil lawsuits in West Milwaukee, Wisconsin to go to trial, since the rules of civil procedure in West Milwaukee highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a West Milwaukee, Wisconsin Lawyer Help?
If you're facing a lawsuit in West Milwaukee, Wisconsin whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
It should go without saying that you should have a West Milwaukee, Wisconsin attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.