Litigation Lawyers in Parkersburg
In Parkersburg, West Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.
In Parkersburg, 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 Parkersburg, 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 Parkersburg, West Virginia Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Parkersburg, West Virginia is the complaint. The complaint is a document filed with a Parkersburg, 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 Parkersburg, 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's truly very uncommon for lawsuits to go trial in Parkersburg, West Virginia, because the rules of civil procedure in Parkersburg, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely done by judges dismissing cases that clearly have no merit, or the parties settling out of court. Nonetheless, 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 determine the issues.
How Can a Parkersburg, West Virginia Lawyer Help?
If you're facing any substantial legal issue in Parkersburg, West Virginia, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.
Because the rules of civil procedure in Parkersburg, West Virginia are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.