Litigation Lawyers in Huntington
In Huntington, West Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Huntington, West Virginia, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Huntington, 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 Huntington, West Virginia Civil Procedure Issues
Complaint: In Huntington, West Virginia the initial step in suing somebody (after speaking with a lawyer to determine if you have a case) is typically filing a complaint. The complaint is also one of the most significant documents in the civil litigation process. By laying out the wrongs that the plaintiff alleges the defendant has committed, as well as the remedies that the plaintiff wants the court to provide, it can set the tone for the entire 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: Once the initial documents have been filed by both parties in the proper Huntington, West Virginia court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Basically, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this procedure: each side can send written questions to the other, which must be answered under oath. They can additionally request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: It's quite rare for lawsuits in Huntington, West Virginia to go to trial. Huntington'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 Huntington, West Virginia Lawyer Help?
If you're suing anyone, or are being sued, in Huntington, West Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Because the rules of civil procedure in Huntington, West Virginia are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.