Litigation Lawyers in Mckinney
"Civil procedure" in Mckinney, 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.
Mckinney, 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.
Mckinney, 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 Mckinney, Texas Civil Procedure Issues
Complaint: The complaint is probably the most important document that the plaintiff will file in a Mckinney, Texas lawsuit, and it is normally 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. Thus, it can frame the tone, as well as the legal and factual issues, that will dominate the rest of the case.
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: Once the initial documents have been filed by both parties in the correct Mckinney, Texas court, the discovery process begins. "Discovery" refers to a wide range of disclosures that each side of the lawsuit must make to the other. Essentially, everyone involved in the lawsuit has to disclose every piece of information in their possession (with some exceptions) that's relevant to the factual issues in the case. There are a few different methods that are employed in this process: each side can send written questions to the other, which must be answered under oath. They can further request documents, as well as access to physical evidence. They can also conduct depositions (in-person Q&A sessions) of parties and witnesses.
Trial: In Mckinney, 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 Mckinney 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 Mckinney, Texas Lawyer Help?
If you are facing a legal issue of any kind in Mckinney, Texas, you are going to face civil procedure issues.
It should go without saying that you should have a Mckinney, Texas attorney on hand to deal with any civil procedure issues that you're almost certain to face, if you're immersed in a lawsuit.