The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

April 2017 Archives

Independent Medical Examinations: The Pros and Cons for the Defense

Requests for physical or mental examinations of an opposing party are governed by Rule 204.1 of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 204.1. To be entitled to an examination, a movant must demonstrate that (1) good cause exists for the examination and (2) the party's condition is in controversy. Id. These requirements may not be satisfied by conclusory allegations in the movant's pleadings or by mere relevance to the case. Good cause for a medical examination requires the movant to demonstrate: (1) the examination is relevant to genuine issues in the case; (2) a reasonable nexus exists between the condition alleged and the examination sought; and (3) the desired information cannot be obtained through less intrusive means. In re Offshore Marine Contrs., Inc., 496 S.W.3d 796, 798 (Tex. App. Houston 1st Dist. 2016).

Back to Basics: Requests for Admission--Part 2

In Back to Basics: Requests for Admission-Part I, we examined the proper scope of Requests for Admission ("RFAs") under Texas Rule of Civil Procedure, 198.1, which allows a party "to serve on another party ... written requests that the other party admit the truth of any matter within the scope of discovery, including statements of opinion or of fact or of the application of law to fact...." Assuming the responding party does not have a valid objection, the responding party must either admit or deny the request or explain in detail the reasons that the responding party cannot admit or deny the request. While Part I examined the proper scope of RFAs, Part II examines the proper responses and objections to RFAs.

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