Litigation Lawyers in Kanawha County
In Kanawha County, West Virginia, civil procedure is clearly what it sounds like: it refers to the rules that govern how civil litigation is conducted.
In Kanawha County, 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 difficult. So, there is no getting around the fact that the civil procedure rules in Kanawha County, 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 Kanawha County, West Virginia Civil Procedure Issues
Complaint: In Kanawha County, 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: After the complaint has been filed in the Kanawha County, West Virginia court of competent jurisdiction, the next major 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 received by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: it's really very uncommon for lawsuits to go trial in Kanawha County, West Virginia, because the rules of civil procedure in Kanawha County, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, when neither of these things is possible, both sides of the lawsuit will have to hash it out in a trial, which can be the most stressful and expensive step in the process. It involves both sides of the case presenting their evidence and arguments to a jury and judge, and letting them decide the issues.
How Can a Kanawha County, West Virginia Lawyer Help?
If you're facing any considerable legal issue in Kanawha County, West Virginia, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Kanawha County, 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.