SCUTT LAW PLLC

Scutt Law, PLLC is a civil litigation firm. We assist our clients in the legal process of resolving disputes between two or more parties (either individual or business entities) who seek compensation (money damages or specific performance). In contrast,  criminal law pertains to the criminal justice system, which deals with violations of criminal statutes or laws and the payment of fines or penalties and/or the deprivation of liberty (incarceration). A civil case generally begins when one person or business entity (the “plaintiff”) makes a claim of harm as a result of the conduct or actions of another person or business entity (the “defendant”).

These matters may be initially categorized as uncontested or contested. If the dispute is uncontested, then both sides agree on a desired outcome of the matter. The parties will generally execute a settlement agreement that is legally binding and they may elect to use the court system to have the agreement approved by a judge. Uncontested matters are less time intensive for the parties and can be resolved with solid research, organization, drafting and diligence.

In a contested matter, the parties involved do not agree on what the outcome of the case should be.  Contested cases require the parties to argue their positions and show how the evidence in the case along with the applicable law supports that a court of law should rule in their favor. Contested cases generally require more legal work for the attorney than in an uncontested case. These matters, even though they may ultimately settle before going to trial, should “begin with the end in mind.” The trial attorney works from the perspective of preparing for court from the first day that the client is engaged.

Good trial lawyers know that most cases are won or lost before the trial ever begins and it is in the pretrial phase of the case that has the greatest bearing on the outcome of the case. In the pretrial phase, facts are gathered, witnesses are interviewed, physical evidence is secured and legal theories are developed. Many times the cases will resolve pre-litigation (before a petition is filed before the court). If your case is contested and the other side is represented by an attorney, please seek the advice of an attorney as to your matter and your legal rights.* Civil litigation is commonly thought of as having three phases (this outline is for reference only–it is not exhaustive and is in reference only to Texas): (1) Pretrial; (2) Trial (Jury or Bench); and (3) Post Trial.

The Pretrial Phase includes:

• Research
• Filing Petition
• Notice (Service of Process)
• Response
• Pretrial Disposal of Matter
  • Nonsuit
  • Dismissal
  • Settlement
  • Default Judgment
  • Summary Judgment

The Trial Phase includes:

• Jury Selection (Voir Dire)
• Opening Statements
• Presentation of Evidence
  • Witness Testimony (Lay and Expert)
  • Direct Examination
  • Cross Examination
  • Introduction of Evidence (Exhibits)
  • Impeachment (attack on witness credibility)
  • Rehabilitation (restoration of witness credibility)
  • Objections and Objection Handling
• Charge to the Court
• Closing Arguments
• Jury Deliberation (not applicable if bench trial)
• Judgment

Post Trial:

• Deadlines!
• Motion for New Trial
• Motion for JNOV (Judgment Non Obstante Veridicto)
• Notice of Appeal
• Enforcement of Judgment

Having a trusted resource to navigate this process is why Scutt Law, PLLC is here to serve your. If you have any questions regarding your potential matter, please feel free to contact us for a free case evaluation.

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