Houston Office
1 Greenway Plaza, Suite 100
Houston, TX 77046
Dallas Office
13155 Noel Rd., Suite 900
Dallas, TX 75240
Houston Office
1 Greenway Plaza, Suite 100
Houston, TX 77046
Dallas Office
13155 Noel Rd., Suite 900
Dallas, TX 75240
Litigation stages are the specific sections of the legal action process. Each case is completely different which in turn will cause the steps to differ.
The first step of any legal action is to secure an experienced attorney to assist you and work towards your best interest. When you meet with the attorney for the first time, you will go over your situation and your attorney will advise you on your next course of action. If your civil litigation lawyer believes you have a considerable case, you will then start the litigation process. The stages of the litigation process are:
An investigation is the start of any litigation process. You should provide any documentation you have regarding your case to your attorney, and they will go through it and determine what is needed or organize it into an order of importance.
Pleadings must be filed by both parties in a litigation case. The plaintiff will file the first pleading (the Complaint) which describes the wrongdoings of the defendant. The complaint is then served on the defendant by either the Sheriff or a process server.
Once the complaint is filed and served, the defendant will have a certain amount of time to answer the complaint. They can admit or deny different points of the complaint. They can even request the complaint be dismissed.
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Discovery is the next step in the litigation process. This is the point where both the plaintiff and the defendant “discover” whatever they can about the case. Discovery is the lengthiest part of the case and can last until the start of the trial. Different parts of discovery are:
The pre-trial part of the process is when attorneys will negotiate for their respective clients. Settlements are often reached during this stage of the process and will prevent the case from going to trial.
A settlement between the parties is when one side agrees to pay a certain amount of money to the other party to satisfy all claims of the complaint. A settlement can come as full payment to satisfy all claims, a payment plan set up and agreed to by all parties or a court-ordered settlement.
When you go to trial, you will go in front of the court and each side will present their evidence. Sometimes a jury will be involved (called a jury trial) and sometimes it will just be a judge you present to (called a bench trial). Each party will present their briefs (documents that will explain the arguments each party will make and its supporting evidence) to the judge. There are several stages to a trial as well.
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If either party is not happy with the outcome of the trial, they have a right to appeal the verdict within a certain time frame which is usually 14 days from the date the final decision was given and filed with the court. This will move the case to a higher court which is called the appellate court. The appellate court looks for any errors within the case that will change the overall result of the verdict.
If no answer is received within the allotted time frame, the Plaintiff may file a motion and request a Default Judgment be entered against the Defendant. Once a default judgment has been entered, the Plaintiff can then proceed with the collection process by serving notice of rights and a writ of execution on the Defendant. A writ of execution is served by the Dallas, Texas Sheriff’s Department, and they are allowed to seize all non-exempt property and sell it. The proceeds are then given to the Plaintiff to cover the amount of the judgment.
Marcum PC Law Firm is located in Dallas, Texas, and is ready and able to assist you with all of your dispute resolution needs. They specialize in all areas of litigation in Dallas, Texas. If you are looking for a civil litigation lawyer, dispute resolution solicitor, civil law attorney, commercial contracts lawyer, and even an automobile collisions lawyer, then look no further than Marcum PC Law Firm in Dallas, Texas.
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