Litigation Lawyers in Point Pleasant
In Point Pleasant, West Virginia, civil procedure is clearly what it sounds like: it refers to the laws that control how civil litigation is done.
In Point Pleasant, 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 Point Pleasant, West Virginia, civil litigation is frequently extremely difficult. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly intricate. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.
Major Point Pleasant, West Virginia Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Point Pleasant, West Virginia is the complaint. The complaint is a document filed with a Point Pleasant, 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 normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually 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: The civil procedure rules in Point Pleasant, West Virginia were written with the purpose of, among other things, preventing surprises. For that reason, everyone immersed in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: It is really quite rare for civil lawsuits in Point Pleasant, West Virginia to go to trial, since the rules of civil procedure in Point Pleasant 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 Point Pleasant, West Virginia Lawyer Help?
If you're facing a lawsuit in Point Pleasant, West Virginia whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
In Point Pleasant, West Virginia, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.