Required Pre-Trial Disclosures Under the New Rules of Civil Procedure
RICHARD A. SIMMONS
Waldron & Schneider
15150 Middlebrook Drive
Houston, Texas 77058
(281) 488-4438
On August 21, 2020, the Texas Supreme Court amended several Rules of Civil Procedure (sometimes referred to as the “Rules” or as a “Rule”). Following public comment, the Court made revisions to those rules and also revised other rules for consistency. The amendments apply to cases filed on or after January 1, 2021, except for those filed in justice court. The prior versions of the rules amended by this Order continue to govern procedures and limitations in cases filed before January 1, 2021. There are now required pre-trial disclosures.
A. There are specific disclosures required thirty days before trial.
In addition to the disclosures required by Rule 194.2 and 194.3, a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment:
(1) the name and, if not previously provided, the address, and telephone number of each witness-separately identifying those the party expects to present and those it may call if the need arises;
(2) an identification of each document or other exhibits, including summaries of other evidence-separately identifying those items the party expects to offer and those it may offer if the need arises.
TEX.R.CIV.P. 194.4(a). An action arising under the Family Code filed by or against the Title IV-D agency in a Title IV-D case is exempt from pretrial disclosure, but a court may order the parties to make particular disclosures and set the time for disclosure. TEX.R.CIV.P. 194.4(c).
B. Pre-trial disclosures are due 30 days before trial.
Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. TEX.R.CIV.P. 194.4(b).
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.
Throw back Thursday. In 1998, the attorneys and staff of Waldron & Schneider broke ground at the current location.
I remember that! Loved working there ❤️
I've never seen this before!
Makes me sad. But love it
Randy and Robbye ❤️
Oh wow!
Partner Kimberly Bartley writes about why a business may need a risk assessment policy in her blog.
Why do I need a Risk Assessment Policy?
www.ws-law.com
Risk Assessment Policies are a great tool to help business define areas of risk or vulnerability, both to their staff and customers.Partner Richard Simmons with his wife Jennifer and State Rep. Dennis Paul at the Space Center Rotary LEAP awards
Congratulations to partner Richard Simmons’ son Jacob and the Lakers for winning the Clear Lake Boys Basketball 2023 Championship.
Associate Attorney Shawn Williamson and his wife Kim Williamson attended the Economic Alliance Houston Port Region Annual Membership Banquet with Royal Harbor Partners Wealth Management Firm. The Economic Alliance brings together the industries main players and members of the Economic Alliance. Waldron and Schneider was honored represent the firm and it's commitment to the local economy and its businesses, small and large.