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O'Connor's Texas Rules * Civil Trials 2012

By Michol O'Connor

Update frequency: Annually

Free update period: 60 days before next edition is released

Format: Softbound portable book

Dimensions: 7.5" x 10"

Page Count: 1280

ISBN: 978-1-59839-134-3

  Non-subscription price

$83.00  Subscription price

O’Connor’s Texas Rules * Civil Trials explains pretrial and trial procedure quickly and thoroughly. Use it in your office and then take it to the courtroom because it contains everything you need to understand procedure in one user-friendly, portable volume.

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  • O’Connor’s will keep you off the computer and out of the library — and that will save you money.
  • Feel confident that you understand procedural complexities.
  • Become a procedure expert in minutes with the plain-English, tightly organized commentaries.
  • Never miss a deadline with complete set of timetables.
  • Quote controlling cases to argue your position in seconds.  
  • Understand the law. Written in plain English to explain the procedural requirements for each phase of litigation, from pleadings and discovery through the trial and post-trial proceedings. Each statement of law is supported with the most relevant authority.
  • Avoid mistakes. Practice tips, cautions, and notes identify danger areas and offer guidance on avoiding procedural errors.
  • Save time. Flowcharts and summary charts highlight important information and concepts, helping you find the law quickly and efficiently.
  • See what’s new. Margin notations in the Rules help identify rules changes, and the introduction includes a summary of major rule, legislative, and common-law changes.
  • Be current. The entire book has been updated to reflect new and amended rules of procedure, all relevant legislation from 2011, and important 2011 case law changes from Texas appellate courts.
  • Argue on your feet. Whether you’re arguing in court or researching in the office, the case quotations immediately following each rule of procedure or evidence contain the information you need to cite a controlling case. The holding, quoted directly from the opinion when practical, along with the full citation, is given for each case annotation.
Contents
  1. General—Rules for filing, serving, hearings, and preserving error
  2. Plaintiff’s Lawsuit—Plaintiff’s petition, jurisdiction, venue, and service of process
  3. Defendant’s Response & Pleadings—Defendant’s answer, special appearance, venue transfer, plea to the jurisdiction, and special exceptions
  4. Alternative Dispute Resolution
  5. Pretrial Motions—Pretrial conference, recusal, continuance, sanctions, and exclusion of experts
  6. Discovery
  7. Disposition Without Trial—Default and summary judgment, dismissal, and settlement
  8. The Trial—From jury selection to final argument
  9. The Judgment—Motion for JNOV, judgment, res judicata, and collateral estoppel
  10. Postjudgment Motions—Post-trial motions challenging the judgment
Texas Rules of Civil Procedure (annotated)
Texas Rules of Evidence (annotated)
Texas Rules of Appellate Procedure
Timetables
Index

Charts
  • Legal Holidays for Purposes of Filing
  • Computing Deadlines to Respond
  • Summary Chart for Motions
  • Comparison of Ad Litems
  • Distance Nonparty Can Be Compelled to Travel
  • Overlapping Monetary Jurisdiction of Trial Courts
  • Civil Jurisdiction of Texas Courts
  • Service Through Secretary of State for Old Entities Service Through Secretary of State for New Entities
  • Proper Person to Serve
  • Summary of Defendant’s Pleadings
  • Internet Contacts
  • Specific Jurisdiction
  • General Jurisdiction
  • Deadlines for Motions to Transfer Venue
  • Comparison of Disqualification, Recusal & Objection to Assigned Judge
  • Summary of Sanctions
  • Enforceable Agreements on Discovery
  • Securing & Responding to Discovery
  • Deadlines to Respond to Discovery
  • Burdens in Discovery Procedure
  • Medical-Committee Privileges
  • Procedures for Securing Discovery About & From Experts
  • Scope of Discovery from Experts
  • Filing Deposition Documents
  • Deadlines to Serve Notice & Subpoena
  • Comparison of Default Judgments
  • Comparison of Summary-Judgment Procedures
  • Filing Deadlines in Summary-Judgment Cases
  • P Moves for Summary Judgment on Its Cause of Action
  • P Moves for Summary Judgment on D’s Counterclaim
  • D Moves for Summary Judgment on Its Affirmative Defense
  • D Moves for Summary Judgment on Its Counterclaim
  • D Moves for Summary Judgment on P’s Cause of Action
  • No-Evidence Motion for Summary Judgment Under TRCP 166a(i)
  • Pursuing an Adverse Ruling
  • Plenary-Power Deadlines
  • Appellate Deadlines
  • Grounds for Challenging Adverse Jury Findings

Timetables
  • Special Appearance
  • Motion to Transfer Venue—Wrong or Inconvenient County
  • Motion to Change Venue—Local Prejudice
  • Motion to Dismiss—Code Forum Non Conveniens
  • Motion to Dismiss—Common-Law Forum Non Conveniens
  • Motion to Abate
  • Pretrial Motions
  • Discovery Schedule for Level 1
  • Discovery Schedule for Level 2
  • No-Answer Default Judgment
  • Motion for Summary Judgment
  • Offer of Settlement
  • Offer of Proof & Bill of Exception
  • Request for Findings of Fact & Conclusions of Law
  • Motion to Reinstate After Dismissal for Want of Prosecution
  • Motion to Extend Postjudgment Deadlines
  • Appeal to the Court of Appeals

New for the 2012 edition:

  • Twenty new or revised Texas Rules of Civil Procedure, including amendments on return of service, offers of settlement, recusal and disqualification of judges, and jury instructions. The commentaries chapters have been fully updated to reflect the changes to the rules, and the complete text of the rules (printed in the back of the book) shows the new language underlined.
  • Updated Texas Rules of Appellate Procedure (printed in the back of the book) based on 2011 rule amendments, with new text underlined.
  • Two new subchapters:  “Associate Judge” and “Motion to Dismiss—Anti-SLAPP Motion,” both based on 2011 legislation.
  • Updated commentaries chapters include 2011 legislative changes affecting civil procedure, including legislation on unsworn declarations, responsible third parties, vexatious litigants, and the amount in controversy for district courts and county courts at law.
  • Fully updated and revised commentary chapters reflecting important case-law changes from 2011.
  • Many new annotations from case law interpreting the Texas Rules of Civil Procedure and Evidence.
  • Summaries of all important Texas Supreme Court cases from 2011 that affect Texas civil procedure.