Litigation Lawyers in Hidalgo
"Civil procedure" in Hidalgo, 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.
Hidalgo, Texas's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to promote those goals, to the greatest extent possible.
Hidalgo, Texas's civil procedure rules can get pretty complicated, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Hidalgo, Texas Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Hidalgo, Texas is the complaint. The complaint is filed with the court in Hidalgo, 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: After the plaintiff files the complaint, the defendant has to act. While they have a few options 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. Sometimes, 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: After the complaint has been filed in the Hidalgo, 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 Hidalgo, Texas to go to trial. Hidalgo'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 Hidalgo, Texas Lawyer Help?
If you are facing a legal issue of any kind in Hidalgo, Texas, you are going to encounter civil procedure issues.
Because the rules of civil procedure in Hidalgo, Texas are complex, it's smart to have the counsel of an experienced attorney through every step of the process.