Texas Business Lawyers

Business Litigation Center - Litigation Procedure

If you are a business owner contemplating litigation or faced with defending a lawsuit, you will want to understand the basics of courtroom procedure, and you will want to be represented by a seasoned trial lawyer. With tactical planning and knowledge of the law, a good attorney can help keep you prepared for each step of your litigation. A business lawyer will be able to explain the differences in procedural requirements between the federal and various state courts. Your attorney will also be able to explain what the substantive law is and how it applies to your business issue.

Pleadings

Pleadings are generally the first documents in a lawsuit that are filed with a court. First, the plaintiff files a petition, stating the cause of action against the defendant, and serves it on all of the parties to the lawsuit. Then, the defendant or defendants file and serve an answer in which they may assert any applicable defenses, cross-claims, or counterclaims. This is also the time to assert any necessary third-party actions against new parties. Sometimes the defendant is able to move to dismiss the lawsuit at the outset due to jurisdictional or substantive deficiencies.

Discovery

The parties then may engage in discovery, the process of exchanging facts and evidence relating to the lawsuit. Discovery includes depositions, interrogatories, requests for production, requests for entry to inspect premises, and other forms of investigation. At the outset of many cases, the judge will issue a schedule setting out the time that will be allowed for the parties to conduct each part of discovery.

Motions

Parties to a lawsuit file motions to request that the court order many different things. Some of the common things that motions request are to dismiss a claim, resolve a particular legal question, compel certain discovery, and exclude or allow particular evidence. The judge or officer presiding over the action considers the motion, schedules a hearing, if necessary, for oral argument by the parties or their attorneys, and issues an order granting or denying the motion. The motions that are heard before trial are often very important to the success or failure of a lawsuit, and motion practice often takes the bulk of the time spent in litigation.

Pretrial Conference

The pretrial conference takes place shortly before a trial is scheduled. It is the time when the judge ensures that all parties are ready to proceed with trial and organizes how the trial will be managed. The judge also discusses any pending issues that must be resolved before the trial can begin.

Trial

Although the trial is what most laypeople associate with legal work, it is actually the quickest segment of the litigation process. While trials usually last only between a few hours and several days, the entire litigation process usually lasts many months, often many years. At trial, the parties meet in the courtroom and present their cases typically either to a judge or jury. The parties have the opportunity to call and examine witnesses, present evidence, testify on their behalves, and rebut the opposing parties' evidence. A practiced trial attorney is especially valuable to persuasively and thoroughly present a party's claim or defense.

Judgment

At the end of the trial, the judge will issue a judgment. Even if the case is presented to the jury, the judge will issue the final judgment, integrating the jury's verdict to the extent that it is permissible under the law. A judgment might order one party to pay money to the other or to perform a certain act, or the judgment might state that neither party wins anything.

Appeal

Either party may appeal a trial court's judgment. Some appeals only challenge certain aspects of a judgment, while others allege that the entire judgment was wrong. Depending on the type of error, an appellate court can reverse a judgment, reverse certain parts of the judgment, review a case de novo (review the facts and conclusions of law without deferring to the trial court), or remand a cause to be reconsidered by the trial court.

Enforcement Proceedings

If a court's judgment orders a party to pay money or take an action and the party does not comply, there are measures that can be taken to enforce the judgment. For example, proceedings can be held to have the losing party's assets seized and sold to satisfy a money judgment, and the court ultimately has the power to incarcerate a party for contempt for refusing to take an action that the court orders. These proceedings require detailed knowledge of the applicable procedural requirements.

Summary

When a business is faced with the prospect of litigation, it is imperative to ensure that it has a solid legal basis for its position and to understand the options for resolving the dispute. Having an experienced Texas business lawyer on your side can make all the difference in obtaining a favorable result in your litigation.

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