Drafting an answer correctly lays important groundwork for the defendant in a lawsuit. Most importantly, the filing of an answer prevents the plaintiff from taking a default judgement against the defendant. Answers are generally due around 20 days after a defendant is served in Texas.
Category: Litigation
Trade Secret Misappropriation in Texas
Unique practices and proprietary information, sometimes known as trade secrets, help a business stay competitive. When someone wrongly obtains, shares, or uses a trade secret without consent, a business has a right to file a claim for misappropriation of trade secrets. For a business to protect its proprietary information with this claim, the information must […]
Statutory Fraud in Texas
An act of fraud involves misrepresenting or deceiving someone, causing harm to that person in the process. Statutory fraud is a particular kind of fraud which involves real estate or a stock transaction. Texas law prohibits a person from using false or incomplete information when inducing another person to sign a contract. If the misrepresentation […]
Tortious Interference with a Contract in Texas
Since contracts are legally binding, laws exist to prevent wrongful, or tortious, interference with existing contracts. That interference can occur when an outside party purposefully leads someone in a business agreement to break the terms of the agreement.
The Texas Uniform Fraudulent Transfer Act
The Texas Uniform Fraudulent Transfer Act (TUFTA) is found in Chapter 24 of the Business and Commerce Code, and its purpose is to punish and reverse any attempt by a judgment debtor to move assets out of reach from creditors.Who Can Bring a Claim?TUFTA allows a creditor to bring a civil cause of action against […]
Remote Online Notarization (RON) Now Available in Texas
The 85th Texas legislature passed changes to the law that now allow notarization to occur virtually through an online process. Senate Bill 2128, enacted in 2019, modifies Section 193 of the Local Government Code and Section 12 of the Property Code to create a scheme for recording documents notarized online. How is Online Notarization Different […]
Proving Up Attorney’s Fees in Texas After Rohrmoos
When seeking attorney’s fees, the general rule is that a claimant must provide evidence of the number of reasonable hours worked multiplied by a reasonable hourly rate. This is known as the lodestar method and requires a claimant to provide sufficient evidence for both rate and hours.In April of 2019, the Texas Supreme Court provided […]
Vacating a Default Judgment in Texas
A default judgment is granted by the trial court when a defendant hasn’t filed a timely response. This means that a defendant did not respond to the lawsuit by 10 a.m. on the Monday after 20 days has elapsed from the date of service as dictated by Rule 83 of the Texas Rules of Civil […]
Where a Texas Deposition May Be Taken
The deposition is one of the most valuable pre-trial discovery methods in a trial attorney’s arsenal. Depositions allow parties to a suit to obtain the testimony of witnesses and parties involved in an action. The deponent’s testimony is given under oath and recorded for evidentiary purposes. Notice Procedure for Oral Depositions The Texas Rules of Civil Procedure […]
Lawsuits in Texas: A Basic Guide
There are few phrases that make the heart stop quite like “you are being sued.” A civil lawsuit can be a stressful experience; however, promptly obtaining competent legal counsel and understanding the basic language and process in Texas will ensure you are legally protected and proactive in asserting your rights. The first step in dealing […]