“Lawsuit” can be an intimidating word for anyone involved in a dispute. A defendant needs to answer for their wrongdoing, and a plaintiff has many steps to follow to recover damages. But
what is the process of civil litigation? This article will outline the basic steps in the litigation process. If you’re facing a potential lawsuit, Massingill can simplify the litigation process and champion your rights. We have decades of combined experience to guide and protect civil litigants in Texas at every turn of a lawsuit.
The Steps of a Civil Lawsuit
The civil litigation process tends to be less daunting when the parties involved know their obligations and what to expect. Although each situation is unique, the process parties must follow is generally consistent across most cases. Let’s look at how to start and maintain a lawsuit in Austin, Texas.
Starting the Lawsuit with a Petition
The first step of a civil lawsuit begins when a plaintiff files an original petition with the Travis County District Clerk. The petition formally starts the legal action and must include initial details about the plaintiff’s story, including:
- Who the plaintiff is suing,
- The reason for suing the defendant, and
- The legal relief they are seeking.
The plaintiff might want payment from the defendant, a court order for the defendant to take a certain action, or both. However, before the plaintiff can ask for anything, they must ensure that the Travis County Court is the right court for their case.
A plaintiff can start their case in Travis County if any of the following apply:
- A substantial part of the events giving rise to the case happened in Travis County,
- The defendant resided in Travis County when the events giving rise to the case occurred,
- The plaintiff resided in Travis County when their claim came into existence, or
- The defendant’s principal office is in Travis County if the defendant is not a natural person.
Massingill has been handling lawsuits in Texas for years and can quickly identify the correct and most favorable court for filing a plaintiff’s case.
Serving the Defendant
Filing a petition is not enough to bring a defendant into a lawsuit. After filing, the defendant must be formally notified. This means the plaintiff needs to serve their petition and a citation on the defendant.
The citation informs the defendant that they are being sued and must respond to the lawsuit within a specific timeframe. The court clerk issues the citation to the plaintiff, who has it served with the petition. Typically, a sheriff or an authorized process server will serve the defendant by personally delivering a copy of the court documents.
The Defendant’s Response
The defendant must respond to the petition before 10:00 a.m. on the Monday following 20 days after being served. This deadline is critical. Failure to file an answer on time might result in a default judgment against the defendant. Once the defendant’s time to respond expires, the parties in the case must exchange information.
The Parties’ Initial Disclosures
Within 30 days of the defendant answering the plaintiff’s petition, each party must make initial disclosures to the other that include the following:
- Names of all lawsuit parties;
- Names and contact information for potential parties in the case;
- The legal theories for the disclosing party’s claims;
- The amount of economic damages sought and how they were calculated;
- Names, contact information, and background information of individuals who know facts about the case;
- Copies or descriptions of evidence in possession of the responding party;
- Indemnity and insuring agreements;
- Settlement agreements;
- Witness statements;
- Related medical records and bills or an authorization to collect the information; and
- Names and contact information of any responsible third parties.
This initial exchange of information helps streamline the litigation process.
Scheduling the Trial
A case must be placed on the court’s docket for it to proceed to trial. However, Travis County Court does not schedule a case until the parties have consulted according to the rules of the American Board of Trial Advocates’ Principles of Civility, Integrity, and Professionalism. The court might also require the parties to attend a pre-trial conference.
Once the case is ready for scheduling, the parties can set a jury trial or a judge-only trial. If a party wants their case decided by a jury rather than a judge, they must formally request a jury trial and pay the jury fee. In Travis County, jury trials must conclude within 18 months, and judge-only trials must conclude within a year.
Gathering Evidence
Discovery is the formal process by which the parties gather evidence from each other and third parties after they have made their initial disclosures.
Common discovery tools include:
- Requests for disclosure,
- Requests for production of documents,
- Written questions called interrogatories,
- Requests for admission to certain facts,
- Motions for physical or mental examinations, and
- Depositions.
Discovery helps each side understand the strengths and weaknesses of their case and develop arguments for trial.
Presenting the Case at Trial
At trial, the parties present their arguments and evidence. Once the parties present all of their evidence, both sides have the opportunity to make their final arguments to the judge or jury. The plaintiff typically presents their argument first, followed by the defendant, and then a final rebuttal from the plaintiff. After the final rebuttal, the judge or jury makes its decision.
Understanding what is the process of civil litigation can empower you to navigate the legal system with greater confidence. While the above are the general steps of a civil lawsuit, each case is unique and may involve additional complexities or variations that should be discussed with an attorney.
Take the First Step in the Civil Litigation Process with Massingill
At Massingill, our team of skilled attorneys has decades of top-rated experience guiding clients through the civil suit process. We are committed to making complex legal matters simple for litigants while providing clear communication and strategic representation every step of the way.
If you are contemplating a lawsuit or have been served with a petition, we are here to help. Contact us online or by phone today for a consultation.
Resources:
- Tex. R. Civ. P. 47, link.
- Tex. R. Civ. P. 99 and 103.
- Tex. R. Civ. P. 194.
- Tex. R. Civ. P. 216.
- Travis County Rule 2.2, The County Courts at Law, Travis County, Texas, link.
- Tex. R. Civ. P. 192.
- Tex. R. Civ. P. 269.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
Rate this Post
Loading...