Civil Litigation in Texas: The Basics

Civil litigation can be broken into three main phases: pre-trial, trial, and post-trial. Each of these phases has certain tasks that must be completed in order to protect the rights of everyone involved in the lawsuit.

Essential steps in the pre-trial phase of litigation include research, filing, and notice and response. Read Civil Litigation in Texas: The Pretrial Phase for an explanation of what must happen before trial.

Discovery is how you get information that is relevant to your case that the other side has. Read Discovery in Texas: Investigate and Prepare for Trial.

Sometimes, parties need to ask the court for things before or during the trial. To ask the court for something during litigation, you will usually need to file either a motion or request. Some of the most common motions and requests are:

• Request for Jury
• Motion for Continuance
• Motion to Amend Petition
• Temporary Orders

Read Motions and Requests.

Ending a case before trial can also be accomplished by submitting a motion to the court. Generally, the motions that might be used to end a case before trial include:

• Nonsuit
• Dismissal
• Settlement
• Summary Judgment
• Default Judgment

Read Ending a Case Before Trial.

A trial is a process where a judge or jury listens to and makes a decision about a case. Both sides will try to convince the judge or jury to agree with them by presenting their side of the story and any evidence. The purpose of a trial is to find a solution or get a decision, like awarding money in a civil case. Trials can be complicated and have special rules, so it is usually a good idea to have a lawyer help you. Read Civil Trial Preparation to learn about getting ready for a trial.

The judge may have ruled in the case, but the matter might not be over. There are actions that can be filed in Texas civil court after a trial—such as setting aside a default judgment, modifying an order, enforcing an order, or appealing an order. But deadlines are crucial. Read Civil Litigation in Texas: After the Trial.