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TRCP 91a: A State Court 12(b)(6)?
Attorneys in Texas have a new weapon in the ever-constant battle against “frivolous” lawsuits. The only question that remains is whether that weapon will ever see the battlefield, or, like the...
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TRCP 47: The Overlooked Rule That Can Ruin Your Discovery Plan
Much ado is being made about the recent changes to the Texas Rules of Civil Procedure, especially the new dismissal rule (TRCP 91a, for more information see...
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TRCP 270: A Post-Trial Evidentiary Mulligan
In golf, a mulligan is a stroke that is replayed from the spot of the previous stroke without penalty, due to an errant shot made on the previous stroke. The result is, as the hole is played and...
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Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil...
When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies...
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Billing “A lot of Time” Preparing for Trial is Insufficient to Support Fee...
Although the Texas Supreme Court handed down its El Apple opinion over 20 months ago, attorneys continue to submit inadequate affidavits and fail to provide redacted fee bills in discovery, precluding...
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TRCP 169: Texas Creates a Litigation Fast Lane, But Makes the Lane Very Narrow
Just over one year ago, the Texas Supreme Court promulgated sweeping changes to Texas pre-trial and trial procedure. The new rules fell into two very broad categories: (1) rules attempting to reduce...
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TRCP 270: A Post-Trial Evidentiary Mulligan
In golf, a mulligan is a stroke that is replayed from the spot of the previous stroke without penalty, due to an errant shot made on the previous stroke. The result is, as the hole is played and...
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Texas Amends the Self-Authentication Rule for Business Records – Thousands of...
Disputes over authenticity of trial exhibits have increased in recent years. In response, the Texas Supreme Court has amended the self-authentication rule of the Texas Rules of Evidence, making it...
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Vex My Soul: A Primer on the Texas Vexatious Litigant Statute
The term “vexatious litigant” conjures up visceral feelings: of a broken legal system, of countless hours and dollars wasted, and of needless frustration and hassle. The term can be an accurate...
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