What is the pleading stage of civil procedure?

The pleading stage of civil procedure is the first stage in a civil lawsuit. In Texas, it is where both parties present their claims and defenses and begin exchanging information. This stage starts when a plaintiff (the party bringing the lawsuit) files a complaint with the court. The complaint must include a clear statement of facts and the relief that the plaintiff is seeking from the court. The defendant (the party being sued) then must file an answer to the plaintiff’s complaint. This answer must include any defenses the defendant is claiming, such as, a lack of jurisdiction or that the complaint fails to state a claim. After the pleadings have been filed, the parties will start exchanging information and evidence to support their claims. In Texas, this process is called discovery and usually consists of written questions from each side, depositions, and requests to produce documents. After the discovery period is complete, both sides will often file a motion for summary judgment. This motion is where each side is asking the court to decide the case based on the evidence presented thus far. If the court grants the motion for summary judgment the case will end without the need for a trial. If, however, the motion is denied, then the case will proceed to trial where a jury will decide the outcome.

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