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The Process of Civil Litigation in Tyler, TX

It takes patience and time to bring a civil case to trial. Civil litigation in Tyler, TX is a process with many different actions and deadlines. Furthermore, lawyers may file motions asking for deadlines to be extended, which can be beneficial for plaintiffs and defendants.

What Is Civil Litigation?

Civil litigation in Tyler, TX is the process of filing a lawsuit and taking it to a jury trial. A host of claims fall under the heading of civil litigation including personal injury, wrongful death and product liability. Initially, a complaint is filed which alleges how the defendant wronged the plaintiff. In addition, the pleading states whether or not the plaintiff is seeking damages. If so, the types of damages will be listed. In most jurisdictions, the defendant has thirty-one days to file an answer.

The answer is the defendant’s response to the claim. The defendant admits or denies the various allegations in the complaint. Further complicating matters, the defendant can file a counter-claim alleging that the defendant is really the wronged party.

Discovery

The discovery phase of civil litigation lasts six months or longer. Each party’s lawyer may file interrogatories and requests for production of documents. Interrogatories are legal questions wherein a party seeks evidence and information to prove a claim. Likewise, the parties want to see documents that may be used in trial.

In addition, depositions are held during this time. During a deposition, a lawyer questions a party under oath. A court reporter makes a transcript of the testimony which can be used to impeach a party at trial. The lawyers also have the right to depose third parties. For instance, an employer may be deposed if there is a dispute about a party’s salary.

Trial Preparation

A lot of work goes into preparing for the actual trial. The parties must prepare a pre-trial brief which tells the judge the theories of the case. Further, the brief contains a list of witnesses and what they will testify about. Additionally, the lawyers prepare for “voir dire” or selecting a jury. It’s not unusual for a lawyer to spend hours preparing an opening statement and questions for the witnesses. To learn more, contact The Law Office of Holmes & Moore P.L.L.C. Visit our Google+ page for more details.

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