Texas Civil Litigation: Rules & Commentaries

New in 2022 – Available in Print and Digital

Bearings’ Texas Civil Litigation: Rules & Commentaries 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 900 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 all the rules that 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.

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Table of Contents

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


Ch. 2-1: Identifying 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: Drafting Original Petition

Ch. 2-6: Serving Process

Ch. 2-7: 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

Ch. 4-4: Notice of Removal


Ch. 6-1: Motion Practice – Generally

Ch. 6-2: Motions Challenging Jurisdiction

Ch. 6-2A: Motion to Dismiss – Lack of Subject Matter Jurisdiction

Ch. 6-2B: Motion to Dismiss – Lack of Personal Jurisdiction

Ch. 6-3: Motions Challenging Venue

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

Ch. 6-3B: Motion to Transfer – Local Prejudice

Ch. 6-3C: Motion to Transfer – Inconvenient Forum

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: Motion for Special Exceptions

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 Take Judicial Notice – Adjudicative Facts

• Motion to Notice & Apply Foreign Law

• Motion To Appoint Guardian Ad Litem

• Motion To Appoint Special Master

• Motion To Designate Responsible Third Party

• Motion To Refer Case to Court-Ordered ADR

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
Yvonne Ho
Yvonne Ho is a partner at Bracewell, where she has been practicing since 2017. Her practice focuses on appeals and original proceedings in Texas and federal appellate courts. Yvonne has been recognized by Chambers USA for appellate litigation in Texas (2020 & 2021), as a Texas Super Lawyer in Appellate Law (since 2013), and in Woodward/White, Inc.’s Best Lawyers for Appellate Practice (since 2018). She is a frequent author and speaker on appellate issues and previously served as a law clerk to both the Honorable Ewing Werlein, Jr., in the United States District Court for the Southern District of Texas, and the Honorable Thomas M. Reavley, in the United States Court of Appeals for the Fifth Circuit. In addition to handling appeals, Yvonne represents clients in ongoing, high-stakes litigation matters by assisting trial counsel with formulating legal and evidentiary strategies for winning cases at the trial-court level. Yvonne has co-chaired numerous Houston Bar Association committees whose projects include citywide book, diaper, and clothing drives; efforts to improve employment opportunities for minority law students; and mentoring opportunities for young attorneys. Yvonne also serves on the boards of directors of the Houston Bar Association, the Houston Volunteer Lawyers, the Houston Law Review, and the University of Houston Law Alumni Association.
Jennifer Judge
Jennifer Judge is a Senior Vice-President and Deputy General Counsel at Caliber Home Loans, Inc. She provides advice and counsel regarding labor and employment, privacy, cyber-security, information technology, and white-collar legal issues. She also manages all litigation related to employment. Before joining Caliber, Jennifer worked at Littler Mendelson, PC, in Dallas. Her practice at Littler focused on restrictive covenants, emergency equitable relief, and single-plaintiff employment litigation. 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 21 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 18 years and have three children: Katie (14), John (12), and Allison (9).