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Final Version of Rules for Dismissals and Expedited Actions

| Feb 20, 2013 | Firm News

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

Effective Date:

· 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.

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