Are the deadlines (discovery, expert witnesses, etc. the same as in Family Court?
Houston, TX
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Posted 3 months ago in Litigation
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I've done a lot of litigation in Family Courts but none in personal injury. I'm a paralegal and now am moving into personal injury area and would like to know the differences in the process.
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In Family court, Discovery is due in 30 days but I read that in personal injury cases is can last up to a year? Is this done automatically or by Rule 11s? What pleadings are typical in a personal injury case? Answers (2)Stephen Lee Daniel
This attorney is licensed in Texas.
Posted 3 months ago.
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There are three discovery levels in personal injury cases. Level 1, Level 2 and Level 3. Level 1 and Level 2 have mandatory time limits for certain discovery whereas Level 3 is meant for more complicated cases where both parties can submit a scheduling order to the Court for approval to determine the discovery deadlines.
Robert John Bogdanowicz III
This attorney is licensed in Texas.
Posted 3 months ago.
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The Texas Rules of Civil Procedure apply in the same manner. Typically, discovery responses are due within 30 days of receipt (unless they are sent with a petition and citation) not counting the "mailbox rule" of 3 days. Rule 11 Agreements can alter deadlines, much like in family law practice.
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