Litigation Lawyers in Burnet
"Civil procedure" in Burnet, Texas is a very broad term, and it refers to the wide variety of rules that regulate 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 Burnet, Texas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Civil litigation in Burnet, 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 Burnet, Texas Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Burnet, Texas is the complaint. The complaint is filed with the court in Burnet, Texas that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is a document filed by the defendant, in response to a complaint. The answer usually contains a few things: typically, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will usually raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: After the complaint has been filed in the Burnet, Texas court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Burnet, Texas, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Burnet is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Burnet, Texas Lawyer Help?
If you're facing any significant legal issue in Burnet, Texas, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.
The rules of civil procedure in Burnet, Texas are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.