Litigation Lawyers in Montgomery County
"Civil procedure" in Montgomery County, Texas is a very broad term, and it refers to the wide variety of rules that regulate how civil litigation is done. It is to be distinguished from substantive law, which controls the rights that civil litigation is meant to vindicate.
Montgomery County, 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.
The rules of civil procedure in Montgomery County, Texas are sometimes perplexing. Because civil litigation is an inherently complex process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Montgomery County, Texas Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Montgomery County, Texas is the complaint. The complaint is a document filed with a Montgomery County, Texas court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: The answer is usually the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It usually denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Montgomery County, Texas is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Montgomery County, Texas, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Montgomery County is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.
How Can a Montgomery County, Texas Lawyer Help?
If you're facing a lawsuit in Montgomery County, Texas whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.
It should go without saying that you should have a Montgomery County, Texas attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're involved in a lawsuit.