When an individual or business becomes involved in a civil lawsuit in Texas, filing an initial answer is only the first step in responding to the litigation. Shortly after the pleadings are set, both sides enter the discovery phase, which begins with a mandatory exchange of foundational evidence known as Initial Disclosures. Understanding how the […]
Author: Philip Silberman
Sued in Texas? What Your Discovery Level Means For Your Case
When an individual or business becomes involved in a lawsuit in Texas, filing an answer is only the initial step in the litigation process. Once the lawsuit is formally underway, the case enters the “discovery” phase, where both sides exchange evidence, answer written questions, and conduct depositions. In Texas civil litigation, discovery is not a […]
Texas Lawsuit Discovery Explained
When a business or individual receives a summons and petition indicating they have been sued in a Texas court, the immediate reaction is often stress and uncertainty. Once an answer is filed with the court to prevent a default judgment, the lawsuit transitions into a critical pre-trial phase known as discovery. Far from the sudden […]
The Put Up or Shut Up Motion: No Evidence Summary Judgments
In Texas litigation, when a dispute drags on without supporting factual proof, defendants often reach for a critical procedural tool: the No-Evidence Motion for Summary Judgment. Commonly referred to as the “put up or shut up” motion, this filing forces the non-moving party to produce admissible evidence supporting their claims or face an immediate dismissal […]
Traditional Summary Judgments: How to Prove Your Case on Paper
In Texas civil litigation, a Traditional Motion for Summary Judgment (MSJ) serves as a procedural tool for disposing of a lawsuit before trial when there are no material facts in dispute. While many clients frequently ask their attorneys to file an MSJ to get a case quickly dismissed or resolved, winning a case on summary […]
No Live Testimony? What Evidence Counts in a Texas MSJ?
When a lawsuit moves toward a summary judgment hearing, parties often assume they will get their day in court to present witness testimony and convince the judge in person. In Texas civil litigation, however, motions for summary judgment (MSJs) operate under strict procedural rules. Knowing what evidence can be submitted and understanding that live witness […]
Win Your Case Without a Trial? Texas Summary Judgments Explained
Litigation can be a long, expensive, and stressful process. When individuals file a lawsuit or find themselves defending against one, they often assume the case will inevitably lead to a full trial before a judge or jury. However, Texas civil procedure provides a procedural mechanism that allows parties to resolve a lawsuit before ever stepping […]
Fraudulent Inducement in Texas Commercial Leases
Signing a commercial lease to launch a new business—such as a restaurant—is a major financial commitment. When a landlord assures a tenant that a commercial space was previously used for the same purpose, a tenant might reasonably expect a smooth permitting process and minimal startup costs. However, if those claims turn out to be false, […]
Locked Out of Your Business? Here’s How to Fight Back!
For commercial tenants in Texas, experiencing a lease dispute with a landlord can quickly escalate from an operational headache into an existential threat. Unlike residential leases where landlords face extremely strict limits and must immediately provide a key upon locking a tenant out, commercial landlords in Texas have much broader latitude. If a commercial tenant […]
The Hidden Danger in Your Real Estate Amendment
In Texas residential real estate transactions, standard promulgated forms from the Texas Real Estate Commission (TREC) serve as the bedrock for most purchase agreements. However, situations often arise during escrow where buyers or sellers want to adjust terms. When a layperson decides to draft a custom contract amendment using a Word document or an AI […]