FREQUENTLY ASKED QUESTIONS ABOUT CIVIL LAWSUITS

What is a civil lawsuit?
A civil lawsuit is any lawsuit based on civil law, rather than criminal law. A civil lawsuit is the opposite of a criminal case. A criminal case is a case filed by a government against a person for alleged violation of the criminal laws to punish that person. Every other lawsuit is a civil lawsuit.

I’ve been sued, what do I do?
Hire a lawyer. He will advise you of your options and take whatever steps need to be taken on your behalf. There are important questions that need to be decided before an Answer is filed.

Your probably learned about the lawsuit by being “served” by a constable or other process server with a Citation, or suit papers. The Citation has important information in it. Read it carefully. It will tell you when you need to appear and answer in the lawsuit. You do not need to actually appear in court on that date, but an Answer needs to be filed on your behalf in court by that date. If an Answer is not filed, you have admitted the important statements made by plaintiff in the lawsuit and a Judgment may be rendered against you.

What happens in a civil lawsuit?
The person filing the lawsuit is the “Plaintiff”, and the person being sued is the “Defendant.”

The Plaintiff files an Original Petition (Original Complaint in Federal Court) with the Court Clerk. A constable or process server serves citation (a copy of the petition or complaint and notice to appear and file an answer) on the Defendant.

The Defendant must file an Answer in court within the time stated in the citation (about three weeks) or risk a “default judgment” being rendered against him or her. The Defendant should therefore hire a lawyer as soon as he or she is served with citation.

Many different things can happen after the Answer is filed. Here is a simplified version:

The parties (Plaintiff and Defendant) can request information about the lawsuit from each other:

1. Request for Disclosure: A party asks the other party for basic information about the other party’s contentions and knowledge about the subject matter of the case. This information must be provided by the other party.
2. Interrogatories: Written questions may be sent to the other party asking
information about the case. They must be answered under oath or objected to.
3. Request for Admissions: Written statements may be sent to the other party which must be admitted or denied or objected to.
4. Requests for Production: A request for documents and physical records/things may be made. These must be responded to and the documents and things produced, unless objected to.
5. Depositions: Depositions may be taken. This is where a person answers questions from the other party’s lawyer under oath and before a court reporter. Depositions may be videotaped. They can also be used in court as evidence just as if the person were on the witness stand answering questions.

Interrogatories, Requests for Production, and Depositions may also be used to get information from persons or companies which are not parties to the lawsuit.

Various Motions may be filed during the lawsuit process. The Judge may order the parties to mediate their dispute, or the parties themselves may decide to do so. Mediation is a ½ day or day long settlement conference presided over by a trained mediator. It is not binding. Mediation, however, does frequently leads to a settlement of the lawsuit.

If the lawsuit is not settled or otherwise disposed of, it will come to trial before the Judge, either with or without a jury. Judges in Harris County try to bring most cases to trial within one year after they are filed.

A trial may last anywhere from a couple of hours to a couple of months, depending on the case.

If a jury has been requested, the trial begins by selecting a jury. The lawyers and Judge ask questions of a large group of potential jurors (the jury panel), and those that cannot be fair or impartial are removed from the panel. Additionally, each party can exclude a certain number of potential jurors from those remaining on the panel. When the panel was first seated every juror was given a number. The lowest numbered jurors of those remaining become the jury in the case. A jury is either 6 or 12 persons, depending on the court.

The lawyers then give an opening statement to the jury, explaining what each side plans to prove.

Plaintiff’s lawyer then presents Plaintiff’s evidence, then the Defendant’s lawyer presents Defendant’s case. Each lawyer may cross-examine the other’s witnesses and present evidence rebutting the other’s evidence. Evidence may be witnesses testifying in court, documents or other physical evidence, depositions and answers to discovery requests.

When both sides have put on their evidence, they “rest.” The Judge will then give the jury instructions and written questions regarding the case (the “jury charge”) and, after final arguments by the lawyers, the jury will “retire” to decide its verdict.

After the jury decides its verdict, the Judge will, usually later, render the Final Judgment for the winning party.

Links:
TEXAS RULES OF CIVIL PROCEDURE
TEXAS CIVIL PRACTICE AND REMEDIES CODE

The lawsuit against me is frivolous. Why do I have to do anything?
I hear this question a lot. The direct answer is that if a lawsuit is truly frivolous, or if a defense to a lawsuit is truly frivolous, there are remedies in the Civil Practice and Remedies Code, including fines. It is difficult to get that relief, and you still have to file pleadings and have a hearing in order to do it.

The real answer is that it is not enough for you to just say the lawsuit against you is frivolous and has no merit. You have to prove it to the court.

If you do nothing, the other side may “win” just because you have not “proved” your case, or disproved the other side’s case.

Another real answer is that you are not the best judge of whether your opponent’s claims are frivolous. It is difficult to be objective about a lawsuit when you are in the middle of it. That is one reason why even a lawyer should hire a lawyer if he is sued. “A lawyer who represents himself has a fool for a client” is the saying.

What is the difference between Mediation and Arbitration?
Mediation is a ½ day or day long settlement conference presided over by a trained mediator. Sometimes mediation lasts longer. It is not binding. Mediation, however, does frequently lead to a settlement of a lawsuit or dispute. Mediation can also be used in an attempt to settle an arbitration.

Arbitration is more like a lawsuit, but is a private proceeding. An Arbitrator, not a judge decides the dispute. Arbitration is not part of the court system but the process is similar but usually shorter. The Arbitrator’s decision is binding.

Can I handle my claim in Small Claims Court?
Probably. Small Claims Court is limited to claims of $5,000 or less and is designed for non-lawyers to be able to represent themselves. Few court papers need to be filed and you can present your case more informally.

Do I have to have a lawyer represent me?
No, you can appear Pro Se, but it is very difficult for a person to represent himself or herself effectively in a lawsuit (except in Small Claims Court). A lawyer has had years of education and experience to learn law and court rules and rules of evidence, procedure and tactics. You are required to follow the rules and procedures even if you do not know them. Besides, it is difficult to be objective about a lawsuit when you are in the middle of it.

What if I can’t afford a lawyer?
If you can’t afford a lawyer, there are services that can help you:

GULF COAST LEGAL FOUNDATION 713-652-5911

HOUSTON VOLUNTEER LAWYERS 713-228-0735

DISPUTE RESOLUTION CENTER / NEIGHBORHOOD JUSTICE CENTER
713-755-8274

LEGALINE 713-759-1133

LEGAL HOTLINE FOR OLDER TEXANS (60+) 1-800-622-2520

UNIVERSITY OF HOUSTON LEGAL AID CLINIC
(must meet Federal Guidelines of poverty) 713-743-2094