Texas Civil Litigation: Commentaries & Rules
Print and Digital Now Available!
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 1100 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, and a wide range of dispositive and nondispositive motions. 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.
Table of Contents
PART 1: CLIENT INTAKE & PRESUIT EVALUATION & INVESTIGATION
Ch. 1-1: Client Intake
Ch. 1-2: Presuit Evaluation & Investigation
PART 2: PLAINTIFF’S ORGINAL PLEADINGS
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
PART 3: INJUNCTIVE RELIEF & OTHER PROVISIONAL REMEDIES
Ch. 3-1: Injunctive Relief
Ch. 3-2: Other Provisional Remedies
PART 4: DEFENDANT’S INITIAL RESPONSE & ANSWER
Ch. 4-1: Overview of Initial Responses
Ch. 4-2: Answer
Ch. 4-3: Counterclaims, Cross-Claims, & Third-party Claims
PART 5: DOCKET CONTROL OR SCHEDULING ORDERS
PART 6: MOTION PRACTICE
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
NEW! Part 7: Overview of Discovery
Texas rules of CIVIL procedure (annotated)
Texas Rules of evidence (annotated)
Texas rules of appellate procedure
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?
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
Kurt Arnold is a co-founder of Arnold & Itkin, a nationally recognized litigation firm in Houston that specializes in resolving complex and high-stakes personal injury, wrongful death, and business disputes. Kurt has received numerous individual honors in recognition of his achievements over the course of his career. He was named one of the 500 Leading Lawyers in America and one of the 500 Leading Plaintiff Consumer Lawyers by Lawdragon, listed in The Best Lawyers in America for Admiralty and Maritime Law (2016-2022) and Personal Injury Litigation - Plaintiffs (2018-2022), and invited to be a member of the prestigious Inner Circle of Advocates, an invitation-only group of the top 100 plaintiff lawyers in the country. His firm has also been included on the National Law Journal’s top 50 Elite Trial Lawyers list. Kurt and his wife Tara live in Houston with their son Jaxon and daughter Isla, and are founders of the Arnold & Itkin Foundation, a philanthropic organization that supports numerous charities.
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 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 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 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 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.
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