News & Analysis as of

TX Supreme Court Rules of Civil Procedure

Esquire Deposition Solutions, LLC

Texas Supreme Court Embraces Interstate Deposition Act

Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more

Winstead PC

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

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In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

King & Spalding

A Business Court in Texas: What It Means for Litigants, Attorneys, and Commercial Law

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After years of stalled attempts, Texas will soon be the thirtieth state to establish a specialized business court specifically designed to hear complex commercial cases. House Bill 19, recently approved by the Texas...more

Eversheds Sutherland (US) LLP

Texas Supreme Court issues "final" Covid-19 Emergency Order and rule changes for civil court proceedings

Since Texas Governor Greg Abbott declared a state of disaster in all 254 counties of the State of Texas in response to the Covid-19 pandemic in March of 2020, the Texas Supreme Court (the Court) has issued a series of...more

Butler Snow LLP

Automated Certificates of Service Are Here—But Are Traditional Certificates Still Required?

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About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for e-filing. ...more

Fox Rothschild LLP

New Year, New Rules: Amendments To The Texas Rules Of Civil Procedure Effective As Of January 1

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You have to learn the rules of the game. And then you have to play better than anyone else. – Sen. Dianne Feinstein- The Supreme Court of Texas issued an Order back in August 2020 setting forth various amendments to the...more

Jackson Walker

Federal Eviction Moratorium Broadened and Extended Through the End of 2020

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On Tuesday, September 1, the Trump administration announced an order, put forward by the Centers for Disease Control and Prevention, that claims to suspend residential evictions through the end of the year for many tenants...more

Jackson Walker

Texas Adapts Rules for Service of Lawsuits to the New Reality of How We Communicate

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Coming soon to your email or direct message inbox—“You’ve been served.” The modes of communication we rely on are continually evolving. In the 1990s, AOL introduced the distinctive sound of “You’ve got mail.” In the 2000s,...more

Jackson Walker

Status of Federal, State, and Local Moratoriums on Evictions in Response to COVID-19 Pandemic

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The Texas Supreme Court has extended the moratorium on residential eviction procedures for CARES Act applicable residences until September 30, 2020, offering a few more weeks of relief to certain renters as the economic...more

Jackson Walker

The Status of Eviction-Related Orders in Texas

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Starting May 19, 2020, trials, hearings, and proceedings for residential evictions have been allowed to resume across the state of Texas. On March 19th, the Texas Supreme Court issued an order temporarily suspending...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

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Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

Winstead PC

Texas High Court Formally Adopts Sham Affidavit Rule in Summary Judgment Setting

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Current headlines are dominated with accusations of “fake news” and we have been introduced to the unsettling concept of “alternative facts.” In this hyper-politicized climate, will the judicial system serve as the last...more

Clark Hill PLC

Developments: Pre-Suit Depositions to Investigate Potential Claims

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Texas is unique in allowing depositions before suit to investigate a potential claim. As the Texas Supreme Court has stated, “[N]o other American jurisdiction allows pre-suit discovery as broadly as Texas does.”...more

Clark Hill PLC

Is Everybody Here? Supreme Court Defines Necessary Parties

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Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation....more

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