This module explains the research you should do in every potential new case between the time of the PNC intake telephone call and the first meeting with an attorney in your office. Other modules will explain specific additional research that should be done in specific types of cases.
Pre-consultation research
People like to hire professionals who care about their cases and who are obviously prepared. Prior to the initial consultation, you will want to learn as much as you quickly can. You do not want to spend hours researching a case you may never get. At the same time, you have to invest more than zero prior to the consultation. The good news is that most of these questions can be answered through the District Clerk's web site in most populous counties.
Court posture mindmap
Mindmap illustration of topics to research prior to consultation meeting.
The filing
You will want to know as much as you can about the status of any pleadings that have been filed.
Get a copy of the pleadings and note what is being claimed and start thinking through possible defenses.
Pay close attention to the status of service. Just because someone is in possession of pleadings does not mean that he or she has been properly served in compliance with the Texas Rules of Civil Procedure. If the respondent has been served, has he or she filed an answer? What is the answer date
See , Rules 15 and 99 of the Texas Rules of Civil Procedure ?
You will also want to know if any intervenors or necessary parties have been brought into the litigation and served. For example, if the OAG has been involved in modifying or enforcing child support at any time in this case, then the OAG is a necessary party to any future proceedings involving child support and therefore must be served. In some districts, e.g. Dallas County, there is a Domestic Relations Office (
DRO ) that stands in the place of the the OAG in enforcement matters.
You will also want to know who filed the lawsuit, if it has already been filed, and whether the filing fees have been paid.
Again, the District Clerk's registry of actions can answer most of these questions. If the District Clerk's office does not have an on-line registry of actions, then you will need to narrow your issues and call the District Clerk's office and ask one of the deputy clerks for information about the case.
Pending hearings
It is critical that you know about any pending hearings. This is one question that you should answer before the consultation meeting. If you cannot find out whether there are any pending hearings from the District Clerk's web site, you must call the District Clerk to find out.
Has proper notice of the hearing been given? In general you are entitled to 60 days' notice prior to a
DWOP setting
Dismissal for want of prosecution is authorized by rule 165a of the Texas Rules of Civil Procedure. [***CITE FOR NOTICE***] , 45 days' notice prior to the initial trial setting
Rule 245 of the Texas Rules of Civil Procedure , 21 days' notice prior to a hearing or ruling on a motion for summary judgment
Rule 166a(c) of the Texas Rules of Civil Procedure , 10 days' notice prior to a hearing on a motion to enforce child support
Section 157.062(c) of the Texas Family Code , and 3 days' notice prior to most other hearings
Rule 21(b) of the Texas Rules of Civil Procedure. .
If there are pending hearings, you need to determine whether you have enough time to prepare and whether your calendar will permit you to attend the hearing.
Finally, if you can easily make the determination, try to see whether all other parties have been noticed on any pending hearing.
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