Litigation Lawyers in Bluefield
In Bluefield, West Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Bluefield, West Virginia, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and low-cost as possible.
Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Bluefield, West Virginia 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 Bluefield, West Virginia Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Bluefield, West Virginia is the complaint. The complaint is a document filed with a Bluefield, West Virginia 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: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: After the complaint has been filed in the Bluefield, West Virginia court of competent jurisdiction, the next important 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 acquired by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: It's quite rare for lawsuits in Bluefield, West Virginia to go to trial. Bluefield's civil procedure rules truly discourage trials, and alternatively have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Bluefield, West Virginia Lawyer Help?
If you're suing anyone, or are being sued, in Bluefield, West Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Bluefield, West Virginia 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.