Originally published by William K. Berenson.
Effect on Injured Clients’ Claims in Texas Courts
The U.S. Supreme Court has made several landmark decisions during this session that have been widely analyzed. The high court has also approved several significant changes to the Federal Rules of Civil Procedure (FRCP) that of course got little, if any, attention in the press.
Although most personal injury claims are brought in Texas state courts, Texas typically adopt the federal rules. So expect the changes to FRCP to also influence changes to the Texas Rules of Civil Procedures (TRCP), possibly as early as next year.
New Discovery Rules
Discovery rule changes that have been approved by the U.S. Supreme Court include:
- Eliminating the discovery of information that could lead to admissible evidence
- Relying more heavily on a proportionality test that weighs costs with benefits and what’s at stake
- Putting burden on party that objects to production of evidence to state whether documents are being withheld
- Changing rules governing preservation and destruction of electronically stored information
- Reducing time for serving summons and enter scheduling orders
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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