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New Texas Rule of Civil Procedure 169 Expedited Actions: Part 1

| Feb 22, 2013 | Firm News

This is part one of a two-part comprehensive summary of the new Rules for Expedited Actions recently approved by the Texas Supreme Court. The new Rules can be found in their entirety here. 

Effective Date:

  • Applies to cases filed on or after March 1, 2013.

When it Applies:

  • When all claimants, other than counter-claimants, affirmatively plead that they seek only monetary relief aggregating $100,000.00 or less including damages of any kind.
     
    • Post-judgment interest is not included.

When it Does Not Apply:

  • Suits involving the Family Code, Property Code, Tax Code, or Medical Liability Claims.

Discovery:

  • Discovery period lasts for180 days after the date first discovery is served.
     
    • Please be aware that if requests for disclosure are served with the original petition and you are the last served defendant, your discovery period could be less than 180 days. 
  • 6 hours for all oral depositions (meaning cumulative time for all witnesses) for each party, but can agree up to 10 hours without court approval.
     
    • You can increase your available deposition time without court approval when you represent multiple defendants.
    • However, please be aware that if there are multiple plaintiffs represented by a single attorney and one defendant, this tactic will be used against you.
  • Interrogatories, requests for production, and requests for admissions are limited to 15 for each party.
     
    • You can increase the discovery requests when you represent multiple defendants.
    • Again, this tactic will be used against you if there are multiple plaintiffs represented by a single attorney and one defendant. 
  • Requests for disclosure can include a request for all documents and information in support of claim or defense.

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