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

August 2018 Archives

I got an Affidavit from who? GUNN V. MCCOY - SCOTX weighs in on who can execute an Affidavit under Section 18.001

As previously discussed in our 9-part blog series on the 7 Things You Need to Know about Section 18.001 Affidavits, affidavits submitted under Section 18.001 are an exception to the general hearsay rule that would otherwise require plaintiffs to provide expert testimony to establish the reasonableness and necessity of the services and charges provided. Given that the issue of whether services and charges are reasonable and necessary is typically a subject requiring a witness to meet the threshold requirements for experts under Texas Rule of Evidence 702, it is perhaps unsurprising that the question of WHO is permitted to execute an 18.001 affidavit is a hotly contested issue.

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