Litigation Lawyers in Cabell County
In Cabell County, West Virginia, civil procedure is precisely what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Cabell County, West Virginia, 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 confusing. So, there is no getting around the fact that the civil procedure rules in Cabell County, West Virginia are also going to be somewhat intricate 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 Cabell County, West Virginia Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Cabell County, West Virginia is the complaint. The complaint is a document filed with a Cabell County, 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 Cabell County, 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: In Cabell County, West Virginia, it's truly extremely rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Cabell County are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence obtained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.
How Can a Cabell County, West Virginia Lawyer Help?
If you're suing someone, or are being sued, in Cabell County, West Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Cabell County, West Virginia can be pretty intricate. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.