Litigation Lawyers in Wylie

"Civil procedure" in Wylie, Texas is a very broad term, and it refers to the wide variety of rules that regulate how civil litigation is conducted. It is to be distinguished from substantive law, which governs the rights that civil litigation is meant to vindicate.

Wylie, 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.

Civil litigation, however, is inherently complex. So, there is no getting around the fact that the civil procedure rules in Wylie, Texas are also going to be somewhat complicated 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 Wylie, Texas Civil Procedure Issues

Complaint: The first, and perhaps most important, part of filing a lawsuit in Wylie, Texas is the complaint. The complaint is filed with the court in Wylie, Texas that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

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, usually 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 prove that he acted in self-defense, he likely will not be held liable.

Discovery: After the complaint has been filed in the Wylie, Texas court of competent jurisdiction, the next major phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.

Trial: It is actually quite rare for civil lawsuits in Wylie, Texas to go to trial, since the rules of civil procedure in Wylie strongly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. However, when neither of those things happen, the case goes to trial. This is when a judge and jury decide the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.

How Can a Wylie, Texas Lawyer Help?

If you're facing any significant legal issue in Wylie, Texas, you can be pretty much certain that you'll face at least a few procedural complications that can hold up the process.

The rules of civil procedure in Wylie, Texas are not always simple or intuitive. With that in mind, it's very important to have a good attorney on your side, to help you through the process.