The Steps in the Civil Litigation Process

In this article, you’ll learn about the steps in the civil litigation process, from Pre-filing to Discovery, Trial, and Appeals. Learn about the different steps in the civil litigation process, and what each step involves. You may also be surprised to learn that these steps can actually be more complicated than you think. In fact, it’s important to know what you’re going through before you start your case. Read on to learn more!

Pre-filing

A lawsuit begins with the filing of a complaint, or initial paperwork. This document outlines the events that led to the dispute and provides the legal basis for holding the defendant liable. It also describes the damage caused to the plaintiff and how they intend to collect that damages. This document can be amended or supplemented, depending on the wishes of both parties. It also outlines the jurisdiction of the court.

Discovery

The discovery step of the civil litigation process is governed by the Texas Rules of Civil Procedure. In a civil litigation case, each party is entitled to obtain relevant and privileged information from the other. It is important to study the rules carefully and be aware of all of the terms used.

Protective orders may ban the disclosure of certain information, but there are several types of discovery that can occur. Read on for more information. Listed below are some examples.

Trial

Before the trial begins, the plaintiff will give an opening statement, introducing themselves, the case, and previewing the evidence that they will … Read the rest >>>

4 Ways Chapter 7 Bankruptcy Gives You a Fresh Start

Most people shy away from the word “bankruptcy” even in dire financial situations. However, bankruptcy is one of the best tools available to eliminate debt when everything seems hopeless. Here are four ways that filing Chapter 7 bankruptcy gives you a fresh start in life. 

1. Relief From Creditors

When you’re harassed by creditors for unpaid bills, it feels like you’re being dragged through the mud. Once you file for Chapter 7 bankruptcy, you’ll get an automatic stay on all collections and start to see a light at the end of the tunnel. All attempts to collect debts will cease and you’ll begin the bankruptcy process.

2. Protection of Your Possessions

If you hold off on contacting a bankruptcy attorney Columbia MD because you’re afraid you’ll lose everything, know that most bankruptcies protect your possessions. This means you’ll likely get to keep your home and car. If you’re on the verge of foreclosure, bankruptcy will buy you time to renegotiate the mortgage.

3. Elimination of Debt

When you have mountains of debt, you can’t move forward especially if you can barely make the minimum payments. Chapter 7 bankruptcy eliminates unsecured credit card debt, unpaid medical bills and personal loans. You’ll be able to pay your normal bills on time and start saving for emergencies.

4. Financial Education for Your Future

In order for bankruptcy to give you a truly clean start, you must learn the skills necessary to never find yourself in this position again. During the bankruptcy process, you’ll … Read the rest >>>

What to Expect at Your First Civil Court Hearing

If you’re considering filing a lawsuit in civil court, you may be wondering what to expect during your first hearing. There are many important aspects of a civil court hearing you should know. Listed below are the steps you should take at your first court hearing. During this stage, you may want to read up on the Status hearing, Witnesses, and Costs. Hopefully, you’ll have a better understanding of what to expect and how to handle them during the course of your case.

Status hearing

A status hearing is a meeting with the judge to discuss a case. It gives the parties involved an opportunity to present their case and argue for or against their position. The hearing is an opportunity for attorneys to explain their position and give updates to the court. While major decisions are not made at a status hearing, it is important to note that it can be used to settle a case or enter into a plea bargain. Listed below are some of the key factors to consider at a status hearing.

Interrogatories

The parties to a civil court hearing may use interrogatories to get information from each other. Interrogatories can be served by mail or hand delivery. Electronic service is available through the Maryland Department of Electronic Commerce. When responding to interrogatories, the party making the interrogatory must clearly specify what records they wish to get and provide sufficient detail to answer the questions. Both parties are allowed to submit up to 30 written … Read the rest >>>

Application Proceedings in Civil Procedure

An application proceedings begins when the applicant files a notice of motion, which advises the respondent of his or her claim. This notice will typically be accompanied by a founding affidavit. The responding party must serve an opposing affidavit to dispute the allegations of fact set forth in the applicant’s affidavit. After receiving the opposing affidavit, the applicant may file a replying affidavit.

Notice of application to strike out

Generally, a party can request to have proceedings struck out if the evidence in support of its claim is insufficient. This is a less-severe remedy than dismissal, but it still carries significant consequences. Bringing a strike out application at the earliest possible date will help avoid wasted time and costs, and will also ensure that all parties involved know the issues that are going to be tried. If, however, the application is brought too late, a party may have waived its right to dispose of the proceedings.

Whether an application is properly filed can be determined by examining whether it meets the standards of fairness and legality. Courts are expected to adhere to these standards and should not be abused. Failure to comply with the rules can seriously affect the integrity of the judicial process. It can also cost a party a trial date or window, causing significant administrative headaches for the court. Regardless of the reason, the right to argue is a basic right that a party must adhere to.

Service requirements

Rule 5 governs nearly every court document, from … Read the rest >>>

How to Hire a Civil Law Attorney

Civil Law is amongst the most dominant legal laws in several parts of the planet. It can be that branch of law that ordinarily deals with individuals, and/or organizations in which compensation is rewarded for the victim. For example, an auto accident victim can claim damages against the negligent driver for the loss or injuries which he/she has suffered within the accident. Civil law is code-based. Civil law is normally referred to each the popular law and law of equity which happens to be historically operated to various doctrines.

Following Are Several Of The Measures That Will Assist You To Pick The Best Civil Law Lawyer:

Step 1: Pick a lawyer who agrees to operate for you on a contingency fee basis. This implies that you will not owe the attorney any up-front payment for his/her services. The most beneficial contingency fee attorneys function on a no-win-no-fee basis and they only get their fee if they succeed in winning your case.

Step 2: Collect info about several civil trial lawyers who cope with the type of case you happen to be going to file or defend. Research their legal history, achievement, and expertise in Civil Law situations. Also, make certain to ask regarding the fee structure and how you should file a lawsuit.

Step 3: After you have completed your screening method, you’ll be able to prepare a brief list of lawyers. Verify their specifics with your state bar association. This can assist to make sure that your lawyer meets … Read the rest >>>