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New Texas Rules Seek to Reduce Delay and Expense of Civil Litigation

In 2011, the Texas Legislature gave the Texas Supreme Court authority to create new rules to “reduce the expense and delay of litigation, while maintaining fairness to litigants.” On November 13, 2012, the court released rules that establish mandatory expedited proceedings in civil actions seeking $100,000. The “Rules for Expedited Actions” went into effect on March 1, 2013.

Texas Rule of Civil Procedure 47, has been to changed to require plaintiff to state that they are seeking one of the following levels of damages:

  1. only monetary relief of $ 100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees; or

  2. monetary relief of $ 100.000 or less and non-monetary relief; or

  3. monetary relief over $ 100,000 but not more than $ 200,000; or

  4. monetary relief over $ 200,000 but not more than $ 1,000,000; or

  5. monetary relief over $ 1,000,000.

If a case falls into the category of $100,000 or less, the plaintiff cannot recover a judgment in excess of $100,000. Also, each side is allowed no more than eight hours to complete jury selection, opening statements, presentation of evidence, examination, and cross-examination of witnesses and closing arguments. The court may extend the time limit to a maximum of twelve hours for each side. Each party has 6 total hours of time for depositions. The discovery period is limited to 180 days after the date the first request for discovery of any kind is served on a party. The new rules also limit the number of requests for production (15), requests for admission (15), and interrogatories (15). On the request of any party, the court must set the case for a trial date within 90 days after the discovery period ends. The court may continue the case twice, but not to exceed 60 days total. Each party has only 6 hours of deposition time.

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