Personal injury accident victims might hear lawyers talking about the rules of civil procedure. You may hear a court clerk tell you that you have to comply with the rules of civil procedure in order to bring a legal claim. What are the rules of civil procedure? What is the purpose of having civil procedure rules? Our personal injury attorney team at the Law Offices of Gregg Durlofsky explains the rules of civil procedure.
What is the purpose of the rules of civil procedure?
The purpose of the rules of civil procedure is to ensure that the courts work in a fair and orderly fashion. The rules give both parties the chance to build and present their cases in a fair and equal manner. They ensure that the court resolves the case in a timely and expeditious fashion. The purpose of the rules of civil procedure is to make sure that the courts operate properly considering issues of time, resources and equity to all parties.
Where do the rules of civil procedure come from?
The rules of civil procedure come from federal, state and local sources. Each state has their own rules of civil procedure. There are also federal rules of civil procedure. Even local courts can adopt their own rules of civil procedure that go along with statewide rules. Generally, the judicial branch creates their own set of court rules, but there may be laws that also impact how courts operate in a certain jurisdiction.
What do the rules of civil procedure cover?
The rules of civil procedure cover a wide variety of topics, including:
- How to initiate a case (file pleadings)
- Timelines to file court documents like responding to pleadings
- Process to amend pleadings
- Rules for gathering evidence
- Motion practice including motions for summary disposition
- Trial presentation; preparation of jury instructions
- Subpoenas and witness testimony
- Sanctions for failing to follow rules of procedure
- Alternative dispute resolution practices
These are just some examples of the topics covered by the rules of civil procedure. For any legal action that occurs as part of a court claim, it’s important for your personal injury attorney to review the rules of civil procedure to determine if there’s a rule that applies.
How can a personal injury law firm help me with the rules of civil procedure?
A personal injury law firm can help you with the rules of civil procedure by ensuring that you comply with the requirements and assert them to your advantage. Failing to comply with a technical requirement or deadline listed in the rules of civil procedure can hurt your case or even prevent recovery. At the same time, the right personal injury attorney can use the rules of civil procedure to your advantage as part of your overall legal strategy.
At the Law Offices of Gregg Durlofsky, we know in the ins and outs of the rules of civil procedure. Let us fight for justice for you. Call us today for your free consultation.
