Litigation | Silberman Law Firm, PLLC - Part 7

Where a Texas Deposition May Be Taken

The deposition is one of the most valuable pre-trial discovery methods in a trial attorney’s arsenal. Depositions allow parties to a suit to obtain the testimony of witnesses and parties involved in an action. The deponent’s testimony is given under oath and recorded for evidentiary purposes. Notice Procedure for Oral Depositions The Texas Rules of Civil Procedure …

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When a Texas Property Manager May Be Liable for the Debts of the Property Owner

Property managers routinely contract for services to properties on behalf of the owner. Commercial real estate projects including apartment complexes, retail centers, and office buildings need a variety of services for things such as landscaping and janitorial. Service agreements are often signed and orders are placed without much thought as whether the property manager has …

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Texas Certificate of Merit

Tort reform in Texas has made it critical for plaintiffs to ensure that all threshold requirements are met before filing lawsuits against certain professionals. Failure to comply with certain conditions precedent may have dire consequences. Texas law requires a plaintiff to file a certificate of merit contemporaneously with a lawsuit against certain licensed or registered …

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Navigating The TREC Complaint Process: A Lawyer’s Perspective

This article will attempt to provide a basic overview and our firm’s overall impression of the first phase of the complaint process with the Texas Real Estate Commission. The initial phase of the complaint process begins with the consumer initiating a complaint and ends with TREC’s determination to pursue disciplinary action against the license holder. …

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Amended Pleadings: The Relation-Back Doctrine in Texas

In litigation, it is common practice to amend pleadings. The relation-back doctrine allows an original pleading to be amended or supplemented with new causes of action so long as the new claim arose out of the same transaction or occurrence. However, issues with amendments can arise when a party argues the statute of limitations has …

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