TEXAS SUPREME COURT SUBMITS FOR COMMENT RULES TO EXPEDITE CIVIL CASES INVOLVING LESS THAN $100K IN CONTROVERSY, DISMISSAL OF BASELESS CLAIMS; New Rules in Response to HB 274 Legislative Mandate; The Court Rejects the Voluntary Approach to Streamlining Civil Cases:
The Texas Supreme Court has approved rules intended to streamline lawsuits seeking no more than $100,000 and to provide dismissal of suits that have no basis in fact or law.
Final approval of the expedited-actions and dismissal rules are subject to public comment through February 1 after their publication in the Texas Bar Journal. The rule on word limits for appellate briefing is effective December 1.
The proposed expedite trial rules to implement legislation to expedite lawsuits seeking no more than $100,000, including damages, prejudgment interest, costs, expenses and fees, would require all pleadings specify the monetary relief sought and will prohibit discovery if it is not included (revising civil procedure Rule 47). TRCP 169, the substance of the rules change, will allow excuse from the rule for good cause or if any claimant, other than one filing a counterclaim, pleads for relief greater than $100,000.
The expedited trial rules mandate the procedure. The Court rejected the advice of its own Advisory Committee and the TEX-ABOTA/TTLA/TADC Working Group to implement purely voluntary rules.
Discovery in Rule 169 actions will be limited in scope and limited to 180 days from the first-served discovery request.
Each side would be limited at trial to five hours to open, present evidence, examine witnesses and close.
The dismissal rule, TRCP 91a, also in response to legislation, would require a motion with specific reasons to establish a suit is without basis in law or fact. The rule stipulates that attorney fees and costs must be awarded to the prevailing party.
Order on expedited actions, dismissal
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