Litigation Lawyers in Clarksburg
In Clarksburg, West Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Clarksburg, 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 Clarksburg, 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 Clarksburg, West Virginia Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Clarksburg, West Virginia lawsuit, and it is typically the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Consequently, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: After the complaint has been filed in the Clarksburg, 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: Although the trial is arguably the most dramatic element of civil procedure in Clarksburg, West Virginia, it is truly very rare for civil lawsuits to make it this far. Civil procedure in Clarksburg is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Clarksburg, West Virginia Lawyer Help?
If you are facing a legal issue of any sort in Clarksburg, West Virginia, you are going to confront civil procedure issues.
It should go without saying that you should have a Clarksburg, West Virginia attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.