Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Reasonable discovery in Small Claims Court is limited to that considered appropriate and permitted by the judge. See Section 28.033, Texas Government Code. Either the plaintiff or the defendant may demand a jury trial.
A change of venue is supported by your affidavit and the affidavits of at least 3 other credible (believable) people that live in that county, showing local prejudice, that: you cannot get a fair and impartial trial in the current county, or. any other sufficient (necessary) reason as determined by the court, or.
A Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail. A Motion for Discovery must be in writing, with a signature, and be served on the other party in ance with the T.R.C.P 501.4.
In small claims cases, discovery must be approved by the judge before the other party has to provide any information or answer any questions. If you have discovery questions that you want the plaintiff to answer, submit them to the court with a request for discovery.
The Discovery Rule generally applies in Texas. But, exceptions may exist. They can be based on factors like obvious injuries, statutory limits, contracts, government, and fraud or concealment. The Discovery Rule helps medical malpractice and personal injury claims by extending the statute of limitations.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.