Texas Civil Procedure: Pretrial Litigation
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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 actual Texas bar examination questions, which should be helpful both in learning about practice and in preparing you for the Texas Procedure & Evidence portion of the bar exam.
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Table of contents
Chapter 1 THE PRE-LITIGATION PHASE OF A CIVIL DISPUTE
Chapter 2 EMERGENCY AND INTERIM RELIEF (SPECIAL REMEDIES)
Chapter 3 THE SUBJECT MATTER JURISDICTION OF THE TEXAS TRIAL COURTS
Chapter 4 JURISDICTION OF PERSONS AND PROPERTY
Chapter 5 VENUE Chapter 6 PLEADINGS
Chapter 7 PARTIES
Chapter 8 PRECLUSION DOCTRINES
Chapter 9 DISCOVERY: PURPOSES, SCOPE, AND USES
Chapter 10 DISCOVERY: METHODOLOGY OF THE INDIVIDUAL DEVICES
Chapter 11 DISPOSITION WITHOUT TRIAL Chapter 12 SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION