So you’ve been sued.
Now what?
By Blair Park
B
eing served with a lawsuit
is—to say the least—stressful
and upsetting. If you find yourself
in this position, keep calm and
call a lawyer. Don’t set the papers
aside to deal with later, because
the clock is ticking! From the day
you are served with a Petition or
Complaint, you have a limited
amount of time to file an Answer
to the lawsuit (more on that later).
• In Texas District and County
Courts, your Answer must be filed
before 10:00 a.m. on the Monday
following 20 days after you are
served. If the 20th day falls on a
Monday, then the Answer is due
the following Monday. For exam-
ple, if you’re served on Monday,
October 1, then your Answer is
due by 10:00 a.m. on Monday,
October 22; but if you’re served
on Tuesday, October 2, then your
Answer is due by 10:00 a.m. on
Monday, October 29.
• In Federal Courts, formally
known as United States District
Courts, your Answer is due on the
21st day after being served.
If the deadline falls on a Saturday,
Sunday, or holiday, then the
Answer is due the next business
day. Fourteen to twenty-one days
may sound like plenty of time
to draft and file an Answer, but
litigation takes significantly more
time and effort than most people
realize. Don’t make the mistake
of underestimating the time and
effort needed to properly defend
most lawsuits.
Now what?
After an Answer is filed,
the parties to the lawsuit may
serve requests for documents
or information—a procedure
formally referred to as “discov-
ery.” Discovery comes in two
main forms: written and oral.
Blair Park
Depending on the complexity of
the lawsuit, the discovery stage
of litigation can be technical and
time consuming. Have patience
through the process, and trust
your lawyer to advocate for you.
Keep Calm…
Being sued is scary and stress-
ful, and it is very difficult to set
your emotions aside to focus on
the technical aspects of litiga-
tion. Good lawyers will not only
deal with the technical tasks,
such as drafting and filing docu-
ments, but will also counsel with
you through this difficult situa-
tion. Many clients develop last-
ing friendships with their lawyers
because of the bonds forged
through the “trials” of litigation.
This article is for informational purposes only
and not for the purpose of providing legal
advice. You should contact an attorney to
obtain advice with respect to any particular
issue.
Blair Park is an attorney with Harris,
Finley & Bogle, P.C. She has a back-
ground in oil and gas as a graduate
of Texas Tech University’s Energy
Commerce program with a concentra-
tion in Oil and Gas and, prior to law
school, working as a mineral estate
consultant for owners of large mineral
estates and ranches in West Texas.
Filing an Answer
When you or your company
has been sued, an “Answer” to
the lawsuit must be filed with the
court. An Answer includes denials
and legal defenses to the allega-
tions in the Petition or Complaint.
• In Texas Justice Courts, your
Answer is due on the 14th day
after you are served.
Finding a Lawyer
Attorneys are much like
doctors in the sense that you
may go to a general practitioner
for minor, general issues, and to
a specialist for major, specific
issues. Every lawsuit concerns
issues in a specific area of law
(family law, criminal law, busi-
ness law, oil and gas law, etc.),
and you should seek a litigation
attorney that is knowledgeable of,
and practices in, the area of law
involved in the lawsuit.
If you need assistance find-
ing an attorney, the Lawyer
Referral & Information Service
(LRIS) program at the State Bar of
Texas can help you find a Texas
attorney with expertise relevant
to your situation. You can contact
LRIS through its online lawyer
referral service, or toll free at
(800) 252-9690. If you are seek-
ing free or reduced fee legal
assistance, contact your local
Legal Aid office or visit www.
TexasLawHelp.org.
The deadline to file an Answer
depends on the type of court in
which the lawsuit has been filed:
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