When an individual or entity is sued in Texas, the legal document that initiated the lawsuit is known as the “petition.” Upon receiving this petition, the Defendant (the person or entity being sued) is required to file a formal, written response, which is...
Service of Process – The Regular Way The term “service of process,” or “service” refers to the Defendant in a suit being given proper notice of the case. Typically, service is performed by (1) constable, (2) a private process server,...
In Texas, contracts can be legally binding whether they are agreed upon verbally or in writing. The basic elements required for a contract to be valid are an (1) existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) material...
Jurisdiction is the authority of a Court to hear the case and render a judgment. A Texas Court has to have jurisdiction in order to hear a case. The Court system at the Texas state level may be divided into the following: (a) Justice Courts, (b) County Courts, (c)...
OVERVIEW A subpoena is a writ which commands a witness to appear and (1) give testimony before a court or deposition, and/or (2) to produce items which are pertinent to and may be used as evidence within an ongoing legal matter. It is a way for litigants to ask third...
Titles of Pleadings Many litigants tend to get “stuck” on naming their pleadings. The good thing is that Texas courts are generally quite liberal in how a litigant names their pleadings and allow for variation. For example, a Motion for Sanctions may become a Motion...
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