Litigation Lawyers in Port Arthur
"Civil procedure" in Port Arthur, 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.
Port Arthur, 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.
The rules of civil procedure in Port Arthur, Texas are sometimes difficult. Because civil litigation is an inherently complicated 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 Port Arthur, Texas Civil Procedure Issues
Complaint: When somebody believes that they have suffered a legal wrong in Port Arthur, Texas, and decide to file a lawsuit, the initial document that they file with the court is normally the complaint. The complaint is very significant, 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: The answer is a document filed by the defendant, in response to a complaint. The answer normally contains a few things: usually, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will normally raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.
Discovery: The civil procedure rules in Port Arthur, Texas were written with the purpose of, among other things, preventing 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 procedure, during which the attorneys for both sides are obligated to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in several 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: It's quite rare for lawsuits in Port Arthur, Texas to go to trial. Port Arthur's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. Nonetheless, if this is not possible, the matter will go to trial, where a judge and/or jury will decide the factual questions, and then award the appropriate relief (if any) to the prevailing party.
How Can a Port Arthur, Texas Lawyer Help?
If you are dealing with a lawsuit in Port Arthur, Texas, it's almost given that you will have to deal with issues regarding civil procedure.
Civil Procedure in Port Arthur, 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.