Litigation Lawyers in El Paso
"Civil procedure" in El Paso, 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 El Paso, Texas are designed around a few simple goals for the civil litigation system: efficiency, accessibility, cost-effectiveness, and, most vitally, fairness.
Civil litigation in El Paso, 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 El Paso, Texas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in an El Paso, Texas lawsuit, and it is usually 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. Therefore, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
Answer: For the defendant, the answer is usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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: After the complaint has been filed in the El Paso, 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: It's quite rare for lawsuits in El Paso, Texas to go to trial. El Paso's civil procedure rules actually discourage trials, and instead have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a El Paso, Texas Lawyer Help?
If you're suing someone, or are being sued, in El Paso, Texas, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in El Paso, Texas can be pretty complicated. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.