Executive Summary

A recently completed study by The Perryman Group found that the enactment of a series of lawsuit reforms, beginning in 1995, has transformed the state’s civil justice environment from one that previously hindered economic activity and deterred job growth to one that promotes productivity, enhances efficiency, creates jobs and boosts the competitiveness of the state’s businesses and industries in a global economy.

This report examines the history and structure of Texas' courts and details the inefficiencies that result from the current antiquated and irrational design. Researchers conclude that comprehensive reforms are critical to bringing greater coherence and accountability to the Texas civil justice system and identify a series of options for those reforms.

The purpose of this paper is to identify problems in the civil jury system and offer solutions to help Texas achieve the goal of impaneling a fair and impartial jury in every civil case. Our recommended starting point is adoption of a clear procedural rule governing a crucial aspect of the jury selection process—voir dire. In addition, we propose ways to facilitate jurors’ understanding of the evidence during trial, encourage broad representation of the community on juries, and ensure that Texans more fairly share both the right and the burden of jury service.