Litigation Lawyers in La Joya
"Civil procedure" in La Joya, 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.
La Joya, 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.
La Joya, Texas's civil procedure rules can get pretty convoluted, 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 La Joya, Texas Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in La Joya, Texas, and decide to file a lawsuit, the first document that they file with the court is normally the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint usually contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an opportunity to respond to all of the factual allegations made by the plaintiff, normally by denying them. The defendant might also raise affirmative defenses, which could prevent the defendant from being held liable. For example, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can show that he acted in self-defense, he likely will not be held liable.
Discovery: The civil procedure rules in La Joya, Texas were written with the purpose of, among other things, avoiding surprises. For that reason, everyone immersed in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.
Trial: In La Joya, Texas, it's really extremely 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 La Joya are specifically meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. However, 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 obtained 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 La Joya, Texas Lawyer Help?
If you are facing a legal issue of any kind in La Joya, Texas, you are going to face civil procedure issues.
Because the rules of civil procedure in La Joya, Texas are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.