Litigation Lawyers in Wake
"Civil procedure" in Wake, 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.
Wake, 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.
Civil litigation, however, is inherently difficult. So, there is no getting around the fact that the civil procedure rules in Wake, Texas are also going to be somewhat convoluted and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.
Major Wake, Texas Civil Procedure Issues
Complaint: Perhaps the most important part of filing a lawsuit in Wake, Texas is the complaint. The complaint is a document filed with a Wake, Texas court that lays out the plaintiff's (the person filing the suit) allegations against the defendant (the person being sued), as well as the relief that the plaintiff is seeking from the court.
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 both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Wake, Texas is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required 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 Wake, Texas, it is really extremely rare for civil lawsuits to make it this far. Civil procedure in Wake is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, 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 Wake, Texas Lawyer Help?
If you're facing a lawsuit in Wake, Texas whether as the plaintiff or defendant, you will have to deal with your jurisdiction's civil procedure rules.
In Wake, Texas, procedural issues can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Thus, you should not go into something like this without the counsel of an attorney.