Forthcoming 2019: Standards of Review in Texas
Forthcoming 2019 is a section from the Everyday Evidence Legal Blog that highlights recent papers from attorneys and professors from across the legal spectrum. These recent and soon-to-be publications offer readers a chance to see a wide range of issues from different legal fields.
Today’s Forthcoming 2019 features:
Standards of Review in Texas
St. Mary's Law Journal
W. Wendell Hall and Ryan G. Anderson
This Article began many years ago, during a time when appellate practice as a special area of the law was emerging in the nation and Texas in particular. It has become a highly specialized practice area now. Appellate lawyers are keenly aware that standards of review are vital to success on appeal. Many years ago, I started to gather these standards in outlines, notebooks, in the margins of important opinions, etc. Soon, the collection of notes began to take the shape of a comprehensive outline and then grew into a law review article. Through the years, the Article continued to evolve as the standards evolved, and interest in the profession likewise grew.2 In this revised Article, you will find an in-depth discussion of the most common standards of review seen in Texas civil appeals. Once again, the Article presents a substantial and comprehensive update of standards of review for reviewing various trial court rulings, whether they are made during pre-trial, trial, or post-trial proceedings. Finally, the Article describes some aspects of appellate practice that put the standards of review in context.