by JD Reed
The new changes to the Texas Rules of Civil Procedure will have real consequences on a plaintiff’s case and that plaintiff’s wallet. With changes to Rules 47, 169, 192.1, 194, and 195, a plaintiff will need to be more prepared than ever to immediately explain and divulge his case, facts, legal theories, evidence, witnesses, and experts. The new Rule changes adopt a federal approach to written discovery and attempt to expedite a majority of the cases filed (particularly cases with damages less than $250,000).
Changes to Rule 194 now impose on a plaintiff a duty to disclose all of the information and documents in Rule 194.2, 194.2, and 194.4 within 30 days after the defendant’s first answer or general appearance is filed. Thus, a plaintiff must be prepared to promptly file information about the evidence he/she/it may present at trial, including witness information, identification of each exhibit expected to be offered, expert disclosures (including new categories of expert information).
This all means a plaintiff and his/her attorney will have to more thoroughly prepare and spend more time and money in anticipation of and immediately after filing their lawsuit. The bulk of lawsuits will no longer have a heavier financial burden at the end of the litigation when attorneys typically get their cases ready for trial. Lawsuits in 2021 will cost more during the front end of litigation because the new Rules require prompt disclosure of the evidence, witnesses, and experts a litigant will utilize at trial. Accordingly, the new Rules will potentially lead some clients and their attorneys to craft different legal strategies than those employed in the past.
We can help you with that.
You may contact JD at 469.916.7700 x 110, or send him an email via his contact form.
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About J.D. Reed
John David “JD” Reed focuses his practice on litigation involving private equity, corporate law, finance litigation, and commercial business disputes, business partnership disputes, construction defects, DTPA/consumer protection, employment, breach of fiduciary duty, non-compete, eminent domain, and Anti-SLAPP.Learn more about J.D….