Litigation Lawyers in Preston

In Preston, Idaho, "civil procedure" refers to the varied processes and procedures that must be followed when conducting a civil lawsuit.


In Preston, Idaho, civil litigation is typically extremely intricate. So, it shouldn't be a surprise that the rules of civil procedure can also be fairly confusing. After all, they govern everything from the first document filed by the plaintiff, to the last ruling issued by an appeals court.

Major Preston, Idaho Civil Procedure Issues

Complaint: Perhaps the most important part of filing a lawsuit in Preston, Idaho is the complaint. The complaint is a document filed with a Preston, Idaho court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.

Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of circumstances that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be proven, it would negate, or mitigate, his liability to the plaintiff.

Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Preston, Idaho is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

Trial: It is truly quite rare for civil lawsuits in Preston, Idaho to go to trial, since the rules of civil procedure in Preston strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide 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 Preston, Idaho Lawyer Help?

If you're suing someone, or are being sued, in Preston, Idaho, dealing with issues of civil procedure is going to be a fact of life for quite some time.

Because the rules of civil procedure in Preston, Idaho are intricate, it's smart to have the counsel of an efficient attorney through every step of the process.