The discovery rule is a “narrow exception” to the legal injury rule that “defers accrual of a cause of action until the plaintiff knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action.” Berry, 646 S.W. 3d at 524 (quoting Comput.
When a party requests documents or answers to questions from the opposing party in a lawsuit, you must do so in the form of a Motion for Discovery. A Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail.
A case remains in Level 1 or Level 2, as determined by the pleadings, unless and until it is moved to Level 3. To be in Level 3, the court must order a specific plan for the case, either on a party's motion or on the court's own initiative.
Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the ...
Pursuant to Article 39.14(h) of the Texas Code of Criminal Procedure, the Defendant requests the disclosure of any exculpatory, impeachment or mitigating document or item in the possession, custody, or control of the state that tends to negate the guilt of the defendant, impeach any witnesses' credibility, or would ...
Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the ...
When a party requests documents or answers to questions from the opposing party in a lawsuit, you must do so in the form of a Motion for Discovery. A Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail.
Getting information from the other side. You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
A document not filed electronically may be served in person, by mail, by commercial delivery service, by fax, or by email.
The Texas Discovery Rule is a legal concept that plays a crucial role in the state's civil litigation process. Imagine you find yourself in a situation where you believe you have a legal claim, but you only discover the harm or injury later on. In such cases, the Texas Discovery Rule becomes particularly significant.