During the discovery phase of a Texas civil lawsuit, parties gather crucial information to evaluate the strength of a case and prepare for trial. While taking live depositions can be expensive, written discovery mechanisms, specifically interrogatories, provide a cost-effective way to obtain sworn statements directly from an opposing party. Governed by Rule 197 of the […]
Author: Philip Silberman
Don’t Get Caught Without an Expert in a Texas Lawsuit
When litigating a civil lawsuit in Texas, successfully proving your case often requires more than simply taking the stand and telling your side of the story. Whether you are pursuing damages for real estate fraud, proving the necessity of a repair, or litigating a title dispute, certain elements of a lawsuit cannot be established by […]
The 30-Day Clock: Texas Initial Disclosures
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 […]
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, […]