New: 2024

Texas Civil Litigation: Commentaries & Rules

Preorder Now!

Bearings’ Texas Civil Litigation: Commentaries & Rules is a must-have civil litigation resource made for today’s practice. The first Texas civil litigation manual written from the ground up in over two decades, this resource represents a modern approach to information design—presenting civil litigation in a manner that is clear, engaging, and easily absorbed and navigated. Starting with over 1200 pages of thoroughly researched commentaries, Bearings' Texas Civil Litigation walks you step-by-step through client intake, presuit evaluation and investigation, pleadings, provisional remedies (including injunctions, sequestration, and receiverships), initial pleas and defensive responses, a wide range of dispositive and nondispositive motions, and discovery. Bearings’ Texas Civil Litigation concludes with Volume 2—over 600 pages that provide all the rules a civil practitioner needs to have at the ready:  Texas Rules of Civil Procedure (fully annotated), Texas Rules of Evidence (fully annotated), and Texas Rules of Appellate Procedure. With a diverse editorial board to give you a balanced perspective from different practice areas, locales, and experiences, Bearings’ Texas Civil Litigation will soon be your authoritative go-to resource.

Two volumes means you get more in-depth legal analysis, more annotations, more efficient research (no flipping back and forth between commentaries and rules), and you carry only what you need to court. And with the digital edition, you can access all the content right from your mobile device or computer.

NEW:  Over 30 new Rule changes! 

NEW:  Important new case law! 

NEW:  New Editorial Board Member Hon. Tanya Garrison!


Table of Contents

Ch. 1-1: Client Intake
Ch. 1-2: Presuit Evaluation & Investigation


Ch. 2-1: Naming & Joining Parties

Ch. 2-2: Choosing Proper Court (Subject-Matter Jurisdiction)

Ch. 2-3: Choosing Proper Venue

Ch. 2-4: Evaluating Personal Jurisdiction

Ch. 2-5: Evaluating In Rem Jurisdiction

Ch. 2-6: Drafting Original Petition

Ch. 2-7 Serving Process

Ch. 2-8 Pleading for Declaratory Relief


Ch. 3-1: Injunctive Relief

Ch. 3-2: Other Provisional Remedies


Ch. 4-1: Overview of Initial Responses

Ch. 4-2: Answer

Ch. 4-3: Counterclaims, Cross-Claims, & Third-party Claims


Ch. 6-1: Motion Practice – Generally

Ch. 6-2: Motions Challenging Jurisdiction

Ch. 6-2A: Special Appearance

Ch. 6-2B: Plea to the Jurisdiction

Ch. 6-3: Motion to Transfer - Improper Venue

Ch. 6-4: Motions Concerning Pleadings

Ch. 6-4A: Motion to Dismiss – Rule 91a - Baseless Claim

Ch. 6-4B: Motion to Dismiss – TCPA

Ch. 6-4C: Plea in Abatement

Ch. 6-5: Motions Concerning Attorneys

Ch. 6-5A: Motion to Appear Pro Hac Vice

Ch. 6-5B: Motion to Show Authority

Ch. 6-5C: Motion to Withdraw as Counsel

Ch. 6-5D: Motion to Disqualify Counsel

Ch. 6-5E: Attorney Fees

Ch. 6-6: Motions Challenging Judges

Ch. 6-6A: Motion to Object to Assigned Judge

Ch. 6-6B: Motion to Recuse or Disqualify Judge

Ch. 6-7: Motions Concerning Case Management

Ch. 6-7A: Motion for Severance

Ch. 6-7B: Motion to Consolidate

Ch. 6-7C: Motion for Continuance

Ch. 6-8: Motion for Sanctions – Groundless or Frivolous Papers

Ch. 6-9: Motion for Default Judgment

Ch. 6-10: Motions Concerning Involuntary & Voluntary Dismissal

Ch. 6-10A: Motion for Nonsuit - Voluntary Dismissal

Ch. 6-10B: Motion to Dismiss for Want of Prosecution

Ch. 6-10C: Motion to Reinstate After Dismissal for
Want of Prosecution

Ch. 6-11: Motions Concerning Summary Judgments

Ch. 6-11A: Motion for Traditional Summary Judgment

Ch. 6-11B: Motion for No-Evidence Summary Judgment

Ch. 6-11C: Motion for Hybrid Summary Judgment

Ch. 6-12: Other Pretrial Motions

• Motion To Appoint Guardian Ad Litem

• Motion To Appoint Special Master

• Motion To Refer Case to Court-Ordered ADR

• Motion To Designate Responsible Third Party

• Motion to Take Judicial Notice – Adjudicative Facts

• Motion to Notice & Apply Foreign Law

Part 7: Overview of Discovery
Texas rules of CIVIL procedure (annotated)
Texas Rules of evidence (annotated)
Texas rules of appellate procedure
Commentaries Features
  • Extensive analysis. Comprehensive legal analysis of significant pretrial matters logically organized in an outline format and supported by extensive legal authority.
  • Friendly font. World-class Equity font—designed by Matthew Butterick—is specifically designed for legal writing and easy reading.
  • Alerts & cautions. Specialized advice, tips, and cautions alert you to unique legal issues and avoidable perils.
  • Charts & tables. Charts and tables make difficult and expansive subject matter easier to understand.
  • Tabs & headers. Tabs and headers expedite navigation.
  • Cross-references. Cross-references direct you to helpful discussions using relevant sections and page numbers.
  • Index with page numbers. Comprehensive index with page numbers expedites your research. Who would offer an index without page numbers?
Rules Features
  • Efficient design. Indentations at every rule-section level make the rules
    accessible and easy to read.
  • Strike-through & underscore. Strike-through and underscoring of all rule changes help you quickly identify changes in the law and assess whether the changes impact your case.
  • Annotations. Direct quotations and summations from leading court opinions
    provide invaluable interpretative guidance for each rule.
  • Topical annotation headings. Annotation headings save you time in locating the annotations that are relevant to your issue.
  • Cross-references to commentary. Cross-references to relevant commentary discussions help further your research and understanding of the applicable rule.
  • Cross-references. Cross-references direct you to helpful discussions using relevant sections and page numbers.
  • History notes. Easy-to-read and detailed history notes help you identify a former law and assess an older case’s interpretative value.
Meet the Editorial Board
Hon. Tanya Garrison
Hon. Tanya Garrison. Judge Tanya Garrison is the Judge of the 157th District Court of Harris County, Texas. Before taking the bench, she handled complex commercial litigation with an emphasis on appellate work. Judge Garrison is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. She recently received the Texas Association of Civil Trial and Appellate Specialists’ 2021 award for Trial Judge of the Year. In 2011, Judge Garrison was selected as the Woodrow B. Seals Outstanding Young Lawyer. When not at work, Judge Garrison loves to spend time with her kids, friends, and husband, oftentimes helping on her husband’s championship BBQ cook-off team. She is a proud Houston Texans fan and is always loyal to the Oklahoma State Cowboys.
Andrew Gould
Andrew Gould leads the appellate section at Arnold & Itkin, a nationally recognized litigation firm in Houston that specializes in resolving complex, high-stakes cases involving personal injury, wrongful death, and business disputes. Before joining Arnold & Itkin, he served for several years as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Texas, where his practice focused on federal criminal appeals. Over his career as an appellate litigator, Andrew has served as lead counsel in approximately 175 appeals and has presented 25 oral arguments before various federal and state appellate courts. An active member of numerous bar associations, he currently serves on the Executive Committee of the Federal Bar Association’s Southern District of Texas Chapter. Andrew and his wife Rebecca live in Houston with their two young sons, Dick and Eli.
Jennifer Judge
Jennifer Judge is the owner of Jennifer Judge Legal PLLC. She provides advice and counsel regarding business life-cycle agreements, governance, labor and employment, privacy, cyber-security, information technology, and regulatory actions. Before opening her firm, Jennifer was General Counsel at Rug Doctor in Plano. In that role, Jennifer managed the acquisition of Rug Doctor by BISSELL Homecare from Rug Doctor’s prior private-equity owners. Prior to Rug Doctor, Jennifer was the Senior Vice-President, Deputy General Counsel at Caliber Home Loans, Inc. Jennifer lives in Southlake with her husband, two elementary-school-aged boys, and two ill-behaved rescue dogs.
Ayesha Najam
Ayesha Najam has been a partner at Gibbs & Bruns LLP, a premier litigation boutique based in Houston, since 2012. With over a decade of trial practice in complex commercial litigation, Ayesha’s client base has spanned a swath of industries, but she has more recently focused on energy- and construction-related disputes. Ayesha has received national and statewide recognition. She has been named by Chambers USA as an “Up and Coming” trial lawyer in Texas, Litigation: Energy & Natural Resources; recognized by Benchmark Litigation; recommended by Legal 500 for Energy and/or General Commercial Litigation; named in Lawdragon guides for plaintiffs’ financial lawyers; listed as a “Texas Rising Star” and “Texas Super Lawyer” by Texas Super Lawyers. Ayesha attended Harvard Law School and clerked for Judge Stephen H. Glickman, District of Columbia Court of Appeals. The three most memorable moments of her life have been the birth of her two children and her first trial cross-examination. She asks that no one mention this to her family….
Gaines West
Gaines West co-founded West Webb Allbritton & Gentry in 1982. Gaines’s many accomplishments include serving as Chair of the State Bar of Texas, Grievance Oversight Committee (2006-10), Chairman of the State Bar of American Indian Law Section (2001-02, 2003-06, 2009-10), and Vice-Chair of the State Bar of Texas, Council of Chairs (2005-06). He was appointed by the Texas Supreme Court to the Texas Board of Disciplinary Appeals twice and served as a member (1992-2003), Vice Chairman (1994-96, 1998-2000), and Chairman (2001-03). Gaines was born in Muskogee, Oklahoma, and is married to Susan West; they have three daughters and eight grandchildren.
Richard Whiteley
Richard Whiteley is a partner at Bracewell LLP in its trial section, where he has been practicing for 23 years. He has extensive experience in trial work and arbitration and has tried and arbitrated cases involving general contractual disputes, patent infringement, construction defects, manufacturing issues, trade secret misappropriation, trademark and copyright infringement, products liability, defamation, fraudulent transfers, real estate disputes, business disputes, deceptive trade practices, personal injury, and premises liability. Richard graduated magna cum laude from the University of Houston Law Center in 1999 and has served as a past president of the University of Houston Law Alumni Association Board. Richard and his wife Laura have been married for 20 years and have three children: Katie, John, and Allison.