The discovery process includes the ability to subpoena, an action which forces a non-party to comply with discovery requests, to appear in person, and/or to produce requested documents. The process for issuing and responding to a subpoena is outlined in Rule 205 of the Texas Rules of Civil Procedure.
Category: Litigation
Admissions During Discovery in Texas
The discovery process includes the ability to request admissions from another party. Submitted in writing, this part of discovery allows the responding party to admit or deny the truth and accuracy of any facts or opinions relevant to the case. Rule 198 of the Texas Rules of Civil Procedure outlines the parameters of a Request for Admission as well as any responses to the request, including objections.
Interrogatories During The Discovery Process in Texas
In civil litigation, discovery refers to the process where parties in a lawsuit exchange relevant facts and information about a case. In order to facilitate that exchange, the discovery process includes interrogatories, questions relevant to the case which must be answered by the opposing party. Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery.
Request for Motion for Entry Upon Property in Texas
As part of the discovery process, a litigant may need to gain entry onto the responding party’s property to gather relevant information. Rule 196.7 of the Texas Rules of Civil Procedure offers guidelines and procedures on how best to do that. No fewer than 30 days before the end of the discovery period, a litigant may gain access to land.
Request for Production and Inspection in Texas
During discovery a litigant may request access to relevant materials, such as documents, files, emails, and photographs. To have the opportunity to examine requested materials in person, the litigant must make a Request for Production and Inspection to the Parties, as outlined in Rule 196.
An Overview of Summary Judgments in Texas
A case can be disposed of prior to trial when there is no evidence for the claims alleged or when there is no issue of material fact, and the movant is entitled to judgement as a matter of law. When a case is disposed for either of those reasons, it is called a summary judgment. […]
Understanding TCPA and Its Purpose
Enacted in 2011, the Texas Citizens Participation Act is described in Chapter 27 of the Texas Civil Practice and Remedies Code (H.B. 2973, 82nd R.S.). Designed to protect freedom of speech and other important First Amendment rights, the act has had a substantial impact on legal proceedings in Texas courts. The TCPA was created “to […]
Texas Rule 194 Initial Disclosures
Because the parties must know all the facts of the case to properly litigate a matter, standard disclosures require sharing all documents and information. Sharing these documents forces both parties to realistically assess their claims and their potential success in court. To ensure that each side shares necessary information, Texas Rule 194 outlines what exact information must be included in initial disclosures.
TRCP 91a: Motions to Dismiss in Texas
Introduction While many lawsuits play an important role in providing justice, some do not warrant the time and expense required to bring them to court. To address such frivolous cases, the Texas Legislature mandated in H. B. 274 (82nd R.S.) that the Texas Supreme Court create rules to allow for cases to be dismissed if […]
Forming a Partnership in Texas without a Written Agreement
A common misperception is that forming a partnership in Texas requires formal paperwork. However, there actually is no requirement for a written agreement. In fact, parties may even create a partnership when they do not intend to do so. When does Texas law allow a partnership to be formed? Does it need to be in […]