Litigation Lawyers in Harris County

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

Harris County, 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.

Harris County, Texas's civil procedure rules can get pretty difficult, 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 Harris County, Texas Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Harris County, Texas is the complaint. The complaint is filed with the court in Harris County, 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). Normally, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few avenues at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Occasionally, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.

Discovery: Once the complaint and answer have been filed in a Harris County, Texas court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: In Harris County, Texas, it's really very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Harris County are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence gained through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Harris County, Texas Lawyer Help?

If you are dealing with a lawsuit in Harris County, Texas, it's almost given that you will have to deal with issues regarding civil procedure.

Civil Procedure in Harris County, Texas can be pretty difficult. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.