Texas Pretrial: Step by Step
When civil procedure challenges arise, sage advice can make a big difference in your hours, stress, and results. Texas Pretrial Practice probes every step of civil procedure before trial. This problem-solving manual covers each portion of pretrial procedure and focuses on the issues that arise in pleading, motions, and discovery.
Chief Justice Scott Brister of the 14th Court of Appeals and veteran Dallas trial lawyer Dan Boyd have set a new standard of excellence for Texas legal resources with thorough coverage of:
- Jurisdiction & venue
- Citation & service of process
- Special exceptions
- TROs & injunctions
- Motion practice
- Discovery disputes
- Requests for admission
- Inspection of documents
- Physical & mental exams
- Settlement & ADR
- Summary judgment
Outline format and tight writing. The frequent headings, short paragraphs, plain English, and clear writing speed your access and understanding. Chapter tabs and a detailed index make searching quick and easy.
Proven practice tips. Advantages and disadvantages, cautions, caveats, examples, tactics, tips, and more keep you clear of pitfalls and help you plot strategy.
Recent cases. Legal principles are supported with current, summarized cases rather than lengthy string citations with no differentiation.
Direct answers to tough discovery questions. Texas Pretrial Practice provides authoritative and direct responses to every discovery issues like these:
- Must I answer this interrogatory? §30:99-286
- What are the best grounds and tactics for refusing to respond to interrogatories? §30:184-87
- How do I respond to interrogatories containing confusing or numerous subparts? §30:192-97
- How do I obtain full responses to interrogatories and requests for admission? §30:262-67
- Which objections to a request for admission are likely to stand up? §31:12-19
- What are the best grounds and tactics for withholding documents from production? §27:182-214
- On which topics are my own RFAs likely to bear fruit? §31:24-37
- How do I know whether the opposition has produced all the documents I requested? §30:74-78
- How do I avoid waiving privileges, both in paper discovery and during depositions? §25:55-88
- How do I depose an out-of-state witness? §28:13
- What are the procedures for subpoenaing a non-party witness for deposition? §28:86-92
- How do I deal with obstreperous behavior of opposing counsel during deposition? §28:180-86
- What should examining counsel do when a witness refuses to answer questions at deposition? §28:188, 200, 222
- When representing a deposition witness, when should I instruct the deponent not to answer a question? §28:270-72
- What objections are proper during a deposition? §28:304-12
- What can I do when intransigent opposition stonewalls my discovery? §32:01-04
- How do I formally compel compliance with my discovery requests? §32:22-42
- What result can I realistically expect if I move for sanctions? §32:32-42
- Which objections are most likely to survive a motion to compel? §30:172-98
- What information can I protect under a privilege? §25:01-617
- What is and isn’t protected as work product? §25:224-75
- How can I streamline my discovery without sacrificing thoroughness? §24:108-49
And much more—nine detailed chapters are devoted to discovery issues.
Procedure and law outlines are supported by 3,200 cases and over 220 forms. Principles of law are illustrated with recent case examples, not strings of undifferentiated case citations. And the book is packed with tips on how to:
- Avoid and fix mistakes
- Resolve peripheral disputes
- Craft better documents
- Answer ethical questions
- Process cases efficiently
- Improve your advocacy
Texas Pretrial Practice delivers quick and reliable answers with its fast-access outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms speed drafting.
- Revision 10
- 2 volumes
- Over 220 custom-drafted forms
- ISBN: 1-58012-062-8
Abbreviated Table of Contents
Chapter 1: Taking the Case
Chapter 2: Presuit Activities
Chapter 3: Statutes of Limitations
Chapters 4-5 Reserved
Chapter 6: Parties
Chapter 7: Subject Matter Jurisdiction of Texas Trial Courts
Chapter 8: Personal Jurisdiction
Chapter 9: Forum Selection: Venue, Forum Non Conveniens, and Removal
Chapter 10: Citation and Service of Process
Chapters 11-13 Reserved
Chapter 14: Pleadings
Chapter 15: Attacking the Pleadings
Chapter 16: Motion Practice
Chapter 17: Temporary Restraining Orders and Temporary Injunctions
Chapter 18: Interlocutory Appeals and Mandamus Proceedings
Chapter 19: Pretrial Extraordinary Remedies
Chapters 20-23 Reserved
Chapter 24: All Discovery
Chapter 25: Privileges
Chapter 26: Requests for Disclosure
Chapter 27: Inspection of Documents and Other Things
Chapter 28: Depositions
Chapter 29: Physical and Mental Examinations
Chapter 30: Interrogatories
Chapter 31: Requests for Admission
Chapter 32: Discovery Disputes
Chapters 33-35 Reserved
Chapter 36: Summary Judgment
Chapter 37: Default Judgment and Dismissals
Chapter 38: Settlement and Alternative Dispute Resolution (ADR)
About the Authors
Justice Scott Brister is an honors graduate of both Duke University and the Harvard Law School. After graduation, he served as briefing attorney for Chief Justice Joe Greenhill of the Texas Supreme Court, and then as an associate with the law firm of Andrews & Kurth. In 1989, he was appointed by Gov. Bill Clements as judge of the 234th District Court in Harris County, and was re-elected to that position three times over the next eleven years. He was selected as Administrative Judge of the Harris County Civil District Courts in 1998 and 1999. In 2000, Judge Brister was elected as an Associate Justice of the First Court of Appeals, and eight months later was appointed by Gov. Rick Perry as Chief Justice of the Fourteenth Court of Appeals. Both courts serve Houston and 14 surrounding counties.
In 2003, Justice Brister was promoted again, returning to the Texas Supreme Court as a Justice. In addition to his previous service as a briefing attorney of that Court, he has served on the Supreme Court’s Rules Advisory Committee, as well as on task forces appointed to study sanctions and jury reforms. He is Board Certified in Civil Trial Law and Personal Injury Law. He is married to Julie Brister, and has four daughters.
Dan S. Boyd founded the Boyd Law Firm, P.C., in 2001. Before founding his small firm dedicated to litigation and arbitration, Mr. Boyd spent more than twenty years as a senior partner in three large national law firms. For two of those (Baker & McKenzie and Johnson & Gibbs) he served as national chair of the firm’s Litigation Practice Group.
Mr. Boyd is also a former Chairman of the Business Litigation Section of the Dallas Bar Association. Mr. Boyd began his career doing trial work for Vinson & Elkins in Houston. During part of that time (1981), he served as Editor of the Houston Lawyer.
Mr. Boyd was an Adjunct Professor of Law at S.M.U. Law School from 1984 to 1987, where he taught Trial and Appellate Procedure. He has been board certified in Civil Trial Law since 1986, Civil Appellate Law since 1988, and has successfully tried dozens of jury trials in complex litigation. Mr. Boyd has spoken frequently at seminars and published numerous papers and articles on civil litigation and legal ethics. His writings have been cited for authority by several appellate courts, including the Supreme Court of Texas
Since 1988, Mr. Boyd has also served on the Board of Directors and the Executive Committee of the Franklin & Eleanor Roosevelt Institute, Hyde Park, New York.