Litigation Lawyers in Balch Springs
"Civil procedure" in Balch Springs, 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.
The civil procedure rules in Balch Springs, Texas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most importantly, fairness.
Civil litigation in Balch Springs, Texas is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.
Major Balch Springs, Texas Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Balch Springs, Texas is the complaint. The complaint is a document filed with a Balch Springs, Texas 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: 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 example, 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: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Balch Springs, Texas 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's really very uncommon for lawsuits to go trial in Balch Springs, Texas, because the rules of civil procedure in Balch Springs, and nearly everywhere else, encourage speedy resolution of legal disputes, before they ever see the inside of a courtroom. This is largely accomplished by judges dismissing cases that clearly have no merit, or the parties settling out of court. However, 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 decide the issues.
How Can a Balch Springs, Texas Lawyer Help?
If you are facing a legal issue of any kind in Balch Springs, Texas, you are going to face civil procedure issues.
Because the rules of civil procedure in Balch Springs, Texas are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.