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The Civil Process

 Civil Procedure

Civil courts handle many different kinds of disputes. By way of example, matters may arise in civil court for these reasons:

1.To contend that a breach of contract has taken place and to request compensation and release from the contract.

2.To contend that personal injury or property damage has occurred as a result of the actions of the accused party and to request compensation.

3.To seek injunctive relief.

4.To dissolve marriages, determine child custody and property issues and to grant adoptions.

5.To probate wills and estates.

6.To handle tax disputes.

The party filing a petition that originates a civil suit is the plaintiff. The party being sued is the defendant.

The original petition is filed in the office of the district or county clerk. These petitions are available to the public, including reporters, although they are not privileged until they are presented at the time of trial.

The original petition may be amended by the filing of additional petitions. In the meantime a cross action may be initiated by the defendant. Such pleadings serve to narrow the controversy toward a single issue, affirmed by one side and denied by the other. That sets the stage for the trial or for an out-of-court settlement.

Interrogatories and depositions are a major part of the civil process. They are not privileged until they are introduced as evidence at a trial.

Rules of Civil Procedure are set by the Supreme Court of Texas.

Jurisdiction

Disputes between private parties end up in justice of the peace court, county court or district court depending on the amount of the matter in dispute.

Justice of the peace courts have civil jurisdiction when the issues involve $200 or less. County courts and county courts-at-law have exclusive jurisdiction when the issue is $200 to $500 and concurrent jurisdiction with district courts from $500 to $5,000. District courts have exclusive jurisdiction when the amount in controversy exceeds $5,000.

In larger counties, separate courts may be set up to handle family matters (divorces, custody, etc.) and probate matters (including guardianships and mental health commitments). Depending on the jurisdiction granted by the legislature, probate matters may be heard in various courts. Typically in smaller counties, probate matters may be handled by county courts and family matters may be handled in district courts.

All cases seeking injunctions are heard in district court.

Either the plaintiff or the defendant may appeal a civil judgment. County courts have appellate jurisdiction if the judgment is more than $20. District courts have some appellate jurisdiction in probate matters arising in county courts. Judgments must involve at least $100 before cases can be taken to an appeals court.

Texas has 14 courts of appeals. The courts have varying numbers of justices, depending on case loads. Each court has a chief justice and associate justices.

The Supreme Court of Texas has appellate jurisdiction in civil matters arising from the courts of appeals. The Supreme Court has a chief justice and eight associate justices, elected for six-year terms.

Keep in mind that Texas has two high courts, one for criminal matters (the Texas Court of Criminal Appeals) and one for civil matters (the Supreme Court of Texas).

Extensive information about the Texas court system may be found on line at www.courts.state.tx.us/