James Robert Arnett II’s Answers

James Robert Arnett II

Dallas Litigation Lawyer.

Contributor Level 7
  1. Is third party administrator entity a non-party or agent of Defendant?

    Answered over 2 years ago.

    1. James Robert Arnett II
    2. John Leif Fossum
    2 lawyer answers

    The third party administrator is both an agent and a non-party. To the extent the political subdivision has the right to obtain documents in the possession of the administrator, you should be able to obtain them from the political subdivision by serving requests for production of documents under Rule 196 of the Texas Rules of Civil Procedure. The test is whether the political subdivision as a practical matter has the ability to obtain the documents if it wants them. You can also serve a...

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  2. Texas rules re: # of sets of admissions to send out to other side in a one week period.

    Answered almost 3 years ago.

    1. James Robert Arnett II
    1 lawyer answer

    The TRCP do not contain a limitation on numbers of requests for admission that may be served, either in a single set or multiple sets. (Limitations on discovery are found in TRCP 190 and depend on what level discovery control plan applies to the case). At some point, the other side may object that the sheer number of requests is unduly burdensome, oppressive, or unreasonable. However, a single set of 60 requests is not unusual.

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    1 person marked this answer as helpful

  3. HOw do I make defense witness produce certain documents at deposition when defense noticed the deposition

    Answered almost 3 years ago.

    1. James Robert Arnett II
    2. Eliz C A Johnson
    2 lawyer answers

    General answer: You should serve the defendant with a cross-notice of deposition and have the witness served with a subpoena duces tecum to produce documents at the deposition. Check the Texas Rules of Civil Procedure that govern depositions and subpoenas. Caveat: There are many specific requirements, and you should hire an attorney.

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  4. Can I file a motion to deny or dissolve a temporary restraining order?

    Answered about 3 years ago.

    1. James Robert Arnett II
    2. Robert Daniel Kelly
    2 lawyer answers

    It sounds like yours is a family law case. If that is correct, you should consult with a family law attorney because there are specific procedures and requirements relating to protective orders in family law cases that do not apply to regular civil litigation. I am not a family law attorney, so the rest of this answer applies if your case is not a family law case. An application for a temporary restraining order is required to be supported by affidavit or by a verified application, i.e.,...

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  5. Do I have basis to respond to defendant's MSJ?

    Answered about 3 years ago.

    1. James Robert Arnett II
    2. Brian W. Erikson
    3. Michael S. Haber
    3 lawyer answers

    You can file a motion to continue (postpone) the hearing on the MSJ until you receive the materials you are seeking through discovery. You will have to file an affidavit stating specifically what discovery you are seeking, what you expect to obtain, and how that is necessary to response to the MSJ. See Texas Rule of Civil Procedure 166a, subpart (g). Summary judgment practice has number of requirements that can trip up a pro se litigant, so you might consider hiring a lawyer.

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  6. Am I required to disclose my evidence, if attorney of opposing party asks for discovery during mediation in Fort Bend County?

    Answered over 2 years ago.

    1. Cheryl Ann Wulf
    2. James Robert Arnett II
    3. Pamela Koslyn
    4. Tazewell T Shepard III
    4 lawyer answers

    You can be ordered to participate in mediation and to work in good faith towards a settlement during the mediation, but you have no obligation to produce evidence at the mediation. Generally, statements made and settlement positions taken at mediation cannot be used later in the court proceeding against you. To assist the mediator in settling your case, you can confidentially disclose to him/her the information that supports your case and decide how much of that information the mediator can...

  7. Once a federal Judge issues a Memoradum and Order denying the defendants motion to dismiss 12 (b).

    Answered over 2 years ago.

    1. James Robert Arnett II
    2. Tazewell T Shepard III
    3. James Juo
    3 lawyer answers

    Whether the Judge grants another extension of time to answer the amended complaint will depend on the reasons given for the extension and the length of the first extension, but absent some unusual circumstances, I would say the Judge probably will grant a second extension. If your second question is whether the request for a second extension would cause the Judge to change his ruling on the motion to dismiss, I think that is very unlikely. The defendants cannot appeal an order denying a...

  8. Do you think I it is impossible to get a different answer in a civil suit in a county court than you did in a JP court?

    Answered over 2 years ago.

    1. James Robert Arnett II
    2. Roland Scott Lyford
    3. Pamela Koslyn
    4. Michael S. Haber
    4 lawyer answers

    It is definitely possible to achieve a different result on an appeal of a JP Court decision to County Court because it is "de novo" review, which means you present the case all over again. You are limited, however, to the grounds of recovery you had in JP Court. That means you are stuck with the claims you presented to the JP Court, but can present more evidence. It sounds like you presented a Deceptive Trade Practices Act claim to the JP Court. Those are not simple claims, and you would be...

  9. What constitutes "proper service" when notifying the respondent of a court hearing, and what is the best way to serve?

    Answered almost 3 years ago.

    1. James Robert Arnett II
    2. Benjamin Kirke Sanchez
    3. Scott James Golightly
    4. Alisa Michele Levin
    4 lawyer answers

    I assume from your question that the respondent has already appeared in the case, and this situation does not involve service of a citation and petition. Service of a motion under Texas Rule of Civil Procedure 21a can be made by hand delivery, courier receipted delivery, certified mail, registered mail, or telephonic document transfer (fax). The motion should include a certificate of service stating how service was made, which certificate is prima facie proof of the fact of service. If the...

  10. For attorneys with Texas experience regarding ways to obtain employment and medical records.

    Answered almost 3 years ago.

    1. James Robert Arnett II
    1 lawyer answer

    Your question raises a number of evidentiary and procedural issues that cannot be fully explained in this forum. With that caveat, both procedures create a foundation for the admission of records into evidence, although the opposing party can raise objections in either case. Properly done, a deposition on written questions is less susceptible to attack since the procedure provides the opposing party an opportunity to make objections before the deposition occurs and certain objections are...

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