Introduction -

In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of causes of action that have no basis in law or fact” and for “expedited actions” when the amount in controversy does not exceed $100,000.

Two of those sets of rules, governing permissive appeals and offers of judgment, were completed in September 2011. New Rule 168 of the Texas Rules of Civil Procedure allows for permissive appeals of interlocutory orders. Existing Rule 167 of the Texas Rules of Civil Procedure was amended to refine and expand the “loser pays” rules when a party refuses a reasonable settlement.