Litigation Lawyers in Oak Hill
In Oak Hill, West Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Oak Hill, West Virginia, the civil procedure rules are meant to ensure that the civil litigation system is as efficient, accessible, fair, and affordable as possible.
In Oak Hill, West Virginia, civil litigation is frequently extremely confusing. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly complicated. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Oak Hill, West Virginia Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Oak Hill, West Virginia is the complaint. The complaint is a document filed with an Oak Hill, West Virginia court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: For the defendant, the answer is typically the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer normally denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.
Discovery: After the complaint has been filed in the Oak Hill, 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: It is truly quite rare for civil lawsuits in Oak Hill, West Virginia to go to trial, since the rules of civil procedure in Oak Hill highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Oak Hill, West Virginia Lawyer Help?
If you're suing anyone, or are being sued, in Oak Hill, 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 Oak Hill, West Virginia are not always simple or intuitive. With that in mind, it's very important to have a reliable attorney on your side, to help you through the process.