A comprehensive summary of the new Rules for Dismissals and Expedited Actions recently approved by the Texas Supreme Court. This is a "must know" for any practicing attorney in Texas.
Amended Rule 47: Claims for Relief
· Applies to any case filed on or after March 1, 2013.
What it Requires:
· A short statement of the cause of action.
· A statement that the damages sought are within the jurisdictional limits of the court.
· A statement that the party seeks:
o Only monetary relief of $100,000.00 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorneys' fees; or
o Monetary relief of $100,000.00 or less and non-monetary relief; or
o Monetary relief over $100,000.00 but no more than $200,000.00; or
o Monetary relief over $200,000.00 but no more than $1,000,000.00; or
o Monetary relief over $1,000,000.00; and
o A demand for judgment for all other relief to which the party deems her or his self entitled.
Penalty for Non-Compliance:
· A party that fails to comply cannot conduct discovery until that party's pleading is amended to comply.
Reason for the Rule Change:
· Requires parties to plead into or out of the expedited actions process governed by New Rule 169.
· Please note that the expedited actions process does not apply to suits involving the Family Code, Property Code, Tax Code, or Medical Liability Claims.