As you may know, Texas has created an expedited trial process applicable to cases filed on or after March 1, 2013. These Expedited Rules are still relatively new and can cause confusion for those used to dealing with the more flexible rules governing other cases. For this reason, understanding the scope and limitations of actions filed under the Expedited Rules is essential.
A Request for Admission ("RFA") is a discovery device that seems to be gaining popularity. Under Texas Rule of Civil Procedure, 198.1, "a party may 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. Part I of this blog-below- examines the proper scope of RFAs. Part II will examine proper responses and objections to RFAs.
With St. Paddy's Day just around the corner, we would like to take the opportunity to remind everyone of the tips for staying safe and out of trouble during the holiday weekend.
To close out our 9-part series on 18.001 affidavits, this week, we'll discuss last random issues and thoughts.