Litigation Lawyers in Wisconsin Rapids
In Wisconsin Rapids, Wisconsin, civil procedure is exactly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Wisconsin Rapids, Wisconsin, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and cost-effective as possible.
Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Wisconsin Rapids, 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 Wisconsin Rapids, Wisconsin Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Wisconsin Rapids, Wisconsin is the complaint. The complaint is a document filed with a Wisconsin Rapids, 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: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, 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 prove that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Wisconsin Rapids, Wisconsin court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It is actually quite rare for civil lawsuits in Wisconsin Rapids, Wisconsin to go to trial, since the rules of civil procedure in Wisconsin Rapids strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Wisconsin Rapids, Wisconsin Lawyer Help?
If you are dealing with a lawsuit in Wisconsin Rapids, Wisconsin, it's almost certain that you will have to deal with issues concerning civil procedure.
In Wisconsin Rapids, Wisconsin, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.