Lubbock, Texas Civil Procedures

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Litigation Lawyers in Lubbock

"Civil procedure" in Lubbock, Texas is a very broad term, and it refers to the wide variety of rules that control how civil litigation is conducted. It is to be distinguished from substantive law, which governs the rights that civil litigation is meant to vindicate.

Lubbock, Texas's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.

Lubbock, Texas's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Lubbock, Texas Civil Procedure Issues

Complaint: The complaint is probably the most important document that the plaintiff will file in a Lubbock, Texas lawsuit, and it is normally the first. The complaint contains all of the plaintiff's allegations against the defendant, as well as the relief that the plaintiff is asking the court to provide. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.

Answer: The answer is normally the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It normally 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 the initial documents have been filed by both parties in the correct Lubbock, Texas court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.

Trial: It is really quite rare for civil lawsuits in Lubbock, Texas to go to trial, since the rules of civil procedure in Lubbock 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 Lubbock, Texas Lawyer Help?

If you're facing a lawsuit in Lubbock, Texas whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.

It should go without saying that you should have a Lubbock, Texas attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.

Talk to a Law Attorney now!

Life in Lubbock

Lubbock is located in Lubbock County, Texas. It is specifically located in the north west region of the state. The 2010 census has reported its population to be 229,573 people. It is the eighty-seventh most populated city in the United States, and the eleventh most populated city in Texas.

It's nickname is "Hub City" because the city is seen as an education and health care hub of the South Plains region of Texas.

Interestingly, CNNMoney.com ranked it twelfth amongst the best places to start a small business. With Lubbock being a business-friendly area, naturally it has a strong legal force to support local businesses and residents. Therefore, residents and businesses do not have to travel far to receive excellent legal care!

Popular sites include the National Ranching Heritage Center, the Southwest Collection, Texas Tech University and the Museum of Texas Tech University.

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