The Civil Litigation Process In Houston, Texas

With the growing economy, many people are renovating properties, and with that comes the need for contract to ensure that these endeavors go according to plan. However, as many have seen, terms are not met or broken and the need to take action is imminent. There are two different types of civil litigation:

Contested
Uncontested

Civil litigation describes the legal process that is utilized for non-criminal matters. Civil litigation is a process of resolving a legal dispute between multiple parties, which can be individuals or businesses, and seek monetary compensation for damages incurred through breach of contract or failure to pay.

Difference Between Contested Civil Litigation And Uncontested Civil Litigation

Contested civil litigation is where all parties involved in the matter do not agree on the facts or what the outcome of the matter should be. Contested matters will require more work in that you will have to argue your position and explain why the final decision should be in your favor. Contested matters will require more in-depth work and will generally take longer to complete.

Uncontested civil litigation is where all parties agree on the finality of the matter, however, they use the courts to legally bind the decision. This will protect the parties’ interests and can be achieved through careful attention to detail and organization. Uncontested matters do not take as long to accomplish and settle as contested matters.

The Phases Of Civil Litigation

There are three phases of civil litigation:

Pre-trial
Trial
Post-trial

During the pre-trial phase is when you gather your initial evidence and file a petition or complaint. This is essentially a lawsuit. Once your lawsuit is filed, you will then have to serve it on the defendant(s) either by a service processor or the Houston, Texas Sheriff’s Department. The defendant(s) will then have a certain number of days to answer (usually 30 days). This is where you will determine if your case will be a contested matter or an uncontested matter.

If your lawsuit is not answered, then you have an uncontested litigation matter. After the deadline to answer has expired, you are eligible to file a motion and request the court issue a default judgment against the defendant(s). Once you have a default judgment, you can provide with executing on the judgment by having a writ of execution issued. A writ of execution is served by the Houston, Texas Sheriff’s Department. The Deputy assigned the writ is allowed to seize and sell all the defendant(s) non-exempt assets.

When the lawsuit is answered, then you start to gather things needed for your trial:

Evidence
Witnesses
Admissions
Disclosures
And more…

You use these items to prepare for trial, which is the next stage of the process. During the trial, both parties will present their arguments along with their evidence to either a jury (a jury trial happens only if requested and circumstances warrant it) or the judge. Once all evidence is provided and closing arguments are made by both parties, the judge or the jury will give their verdict.

The post-trial phase is the third and final phase of civil litigation. During this phase, either party will have a chance to appeal the final decision if they are unhappy with the outcome. This in turn will transfer the case to a higher court called the appellate court. The only thing the appellate court looks for are errors in the case that will alter the judgment.

After the final verdict or settlement is reached, the enforcement of the approved settlement or judgment as well as the collection process will begin. A writ of execution comes back into play as this is the means of collection approved by the courts. The case is not fully completed until all parameters of the settlement or judgment is completed. There are times that collection on the judgment may be delayed. However, you can protect your judgment by assigning a judgment lien against the other party’s property.