Texas Civil Procedure

This book is the first in a two-part series that is designed to teach you how lawsuits are handled in the Texas courts, from the earliest client contact through a final appeal to the Texas Supreme Court. This book covers the pre-trial phases of litigation, from pre-filing activities through forum selection (jurisdiction and venue), pleadings, joinder of claims and parties, issue and claims preclusion, discovery scope and practice, summary judgment practice and other methods of dispute resolution.

This edition gives emphasis to the changes in pleading practice before and after the adoption of the Rules of Practice Act of 1940, the impact of Tort Reform Legislation on the joinder of claims and parties and other procedural issues, class action litigation, and the continuing development and operation of pretrial discovery and pretrial practice adopted during the end of the 20th century and the beginning decades of the 21st century.

The book uses notes to provide supplementary information as well as discussion questions designed to probe your understanding of the material and the policy issues. Most sections of the book also contain practice exercises so that you can test your ability to apply the rules. Finally, a number of chapters are followed by an appendix containing former Texas bar examination questions, which should be helpful in learning about and preparing for practice.

This book introduces students to trial preparation, motion practice, jury selection, the trial process, preparation of the jury charge, jury argument, jury deliberations, verdict, instructed verdicts, judgments, and post-trial motions. The text also devotes a chapter to the special problems of non-jury trials. The authors have expanded their coverage of the difficult issue of finality of judgments, and included thorough treatment of original and appellate proceedings in the courts of appeal and in the Texas Supreme Court. This edition addresses recent statutory changes enlarging expedited trials, Texas Supreme Court discretionary jurisdiction, as well as jurisdiction of appellate courts over original proceedings.

The book uses notes to provide supplementary information as well as discussion questions designed to probe understanding of the material and the policy issues. Most sections of the book also contain practice exercises so that you can test your ability to apply the rules. Finally, a number of chapters are followed by an appendix containing actual former Texas bar examination questions, which should be helpful in learning about and preparing for practice.