3 Tips for Civil Litigation Defense – MUST READ
Here are three things to remember for your civil litigation defense.
You need to be prepared whether or not the opposing party has an attorney.
- First, you must be prepared. Preparation is the first step to a successful lawsuit. Even attorneys prepare before appearing before a judge. Gather all your documents, know all the facts of your case, and be ready to answer any question set by the opposing side. It is important to have at least 3 copies of the documents you wish to present. One copy is yours, the second copy is for the judge, and the third copy is for the plaintiff – assuming there is only one party. Moreover, prepare your argument. What is your side of the story? Why should the judge rule in your favor? Don’t just state facts; Support your facts with the law!
- Secondly, follow your state’s rules of civil procedure. Check the Texas Rules of Civil Procedures here. Sometimes, judges have their own rules as to how you appear before them (semi-professional clothing) and how to address them (your honor). Also, there are rules for the legal process. For example, your answer to a lawsuit is due by 10 a.m. on Monday after the expiration of 20 days from the date of service. In justice of peace court, you only have 14 days. These are samples to note. There are sites such as LawHelp that provide free resources. Also, your nearest library is a good start. You must be somewhat familiar with the legal process for pre-trial, discovery, trial, and post-trial phases. Remember, this is why lawyers have a license – they were the taught the law and legal process. This is one of the major pitfalls of losing a defense case.
- Lastly, Compromise is a good lawyer. As stated by an intelligent lawyer and president, Abraham Lincoln, compromise. If you know you are truly at fault, do not simply drag on the case. It is a waste of time. Compromise is not about settling for anything or allowing yourself to be treated unfairly. On the contrary, it is more about reaching a middle ground and justice. Since you are the defendant in the case, if your argument is weak, then with humility, try to settle the case with the plaintiff before it gets to trial.
If you feel overwhelmed by the steps or they look too complex, you need to hire an attorney.
Please note that these tips are not legal advice; instead, they are for informational purposes. We would like to evaluate your case at no cost to you; so, give us a call and one of our attorneys will assist you.
(832) 529-1255.