Litigation Lawyers in Hurricane
In Hurricane, West Virginia, civil procedure is clearly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Hurricane, 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 difficult. So, there is no getting around the fact that the civil procedure rules in Hurricane, West Virginia are also going to be somewhat convoluted 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 Hurricane, West Virginia Civil Procedure Issues
Complaint: In Hurricane, West Virginia the first step in suing somebody (after speaking with a lawyer to determine if you have a case) is normally filing a complaint. The complaint is also one of the most important 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 normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally 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 correct Hurricane, 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. Essentially, 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 process: each side can send written questions to the other, which must be answered under oath. They can further 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 Hurricane, West Virginia to go to trial. Hurricane's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Hurricane, West Virginia Lawyer Help?
If you're suing someone, or are being sued, in Hurricane, West Virginia, dealing with issues of civil procedure is going to be a fact of life for quite some time.
The rules of civil procedure in Hurricane, West Virginia are not always simple or intuitive. With that in mind, it's very important to have a brilliant attorney on your side, to help you through the process.