Litigation Lawyers in Buckhannon

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

In Buckhannon, West Virginia, 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 Buckhannon, West Virginia 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 Buckhannon, West Virginia Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Buckhannon, West Virginia is the complaint. The complaint is a document filed with a Buckhannon, West Virginia 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options 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. Sometimes, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Buckhannon, West Virginia is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

Trial: Although the trial is arguably the most dramatic element of civil procedure in Buckhannon, West Virginia, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Buckhannon is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.

How Can a Buckhannon, West Virginia Lawyer Help?

If you're suing someone, or are being sued, in Buckhannon, West Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.

In Buckhannon, West Virginia, procedural problems 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.