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

Posts tagged "Rules"

Appeals Court Reinforces Correct Interpretation of Rule 169 Damage Caps

         On July 6, 2016, the 8th Court of Appeals in El Paso released an opinion addressing the $100K damage cap in expedited actions under TRCP 169. The "Expedited Actions" rule allows for certain cases to benefit from streamlined discovery and trial requirements which "promote the prompt, efficient, and cost-effective resolution of civil actions when the amount in controversy does not exceed $100,000." In order to gain the benefits of the expedited action rule, a claimant may not (1) seek greater than $100K in his affirmative pleading or (2) recover in excess of $100K, excluding post-judgment interest.

To Object or Not to Object: Withholding Privileged Materials under Rule 193.3(c)

Object.jpgWhen a party to a lawsuit receives a discovery request, the receiving party usually responds by (1) producing the requested material, (2) objecting to the discovery request based on some legal or factual grounds, or (3) asserting that the material is privileged and producing a privilege log to the requesting party. Regardless of which of these actions the responding party takes, the requesting party is then aware of the existence (or nonexistence) of responsive materials. However, Texas Rules of Civil Procedure (TRCP) 193.3(c) allows for a responding party to remain completely silent about the existence of attorney communication made in anticipation of litigation. When utilized correctly, TRCP 193.3(c) is a powerful weapon behind which important-but-damaging information can be completely protected from the opposing party's prying eyes.

January 2014 TBF Practice Tip: The New Age of E-Filing

Last year, the Texas Supreme Court issued an order which requires counties toEfile Robot.JPG switch to a mandatory electronic filing system. The deadline to switch to the new system is determined by the size of the county. For 2014, counties with a population of 500,000 or more were required to be compliant by January 1st and counties with a population of 200,000 to 499,999 are required to comply by July 1st. By July 1, 2016, all counties will have a mandatory e-filing system. The rule changes for e-filing are:

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