Civil Rules Update Denton County Bench-Bar Conference April 25-26, 2013 Justice Phil Johnson Texas Supreme Court 1

2 82d Legislature’s (2011) mandate: Adopt Rules in eleven different areas by specified deadlines Orders adopting rules with the rules attached are posted and maintained on SCOTX website

Justice Courts – Jx up to $10,000 (eff. 8/31/13) – “Small claims” (R ) – Debt collection (R ) – Repair/remedy claims by tenants (R ) – Eviction proceedings (R ) Permissive interlocutory appeals (R. 168) Offer of settlement (R. 167) Dismissal of meritless claims (R. 91a) 3

4 Expedited actions (R. 47, 169, 190.2, 190.5) Appeals from termination of parental rights (R. 306; TRAP 20.1, 25.1, 28.4, 32.1, 35.3) Returns of service (twelve rules amended) Expedited foreclosure of property owners’ association liens (R )

Dismissal of Baseless Claims Expedited Actions 5

R. 91a-Dismissal of Baseless Claims Eff. 3/1/2013; applies to all pending cases A cause of action has no basis in law if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to the relief sought A cause of action has no basis in fact if no reasonable person could believe the facts pleaded 6

Requires a motion. Motion must be filed within 60 days after the first pleading containing the challenged cause of action is served on the movant TC must rule and grant or deny within 45 days after the motion is filed; BUT parties may agree otherwise 7

TC may not rule on the motion if, at least 3 days before the date of the hearing, the respondent nonsuits the challenged cause of action, or the movant withdraws the motion. Evidence may not be considered except for attorney’s fees and costs; oral hearing is not required Attorney’s fees and costs must be awarded to prevailing party 8

Expedited Actions New rule 169. Amended rules: 47, 190.2, Rules apply to cases filed o/a 3/1/2013. Rule 47: Pleadings. Plaintiff must state whether only monetary relief of: $100k or less; $100k-$200k; $200k-$1mm; over $1mm. No discovery until compliance 9

Rule 169: Expedited Actions Does not apply to claims under Tax Code, Family Code, Property Code, CPRC Chapter 74 Mandatory: Procedures apply if all claimants, other than counter-claimants, plead they seek only monetary relief aggregating $100k or less, including damages, penalties, costs, expenses, pre-judgment interest, and attorney fees 10

Claimant’s judgment is limited to $100k maximum, excluding post-judgment interest TC must remove from EA process if timely (1) motion and showing of good cause; or (2) amendment by a claimant to seek relief other than monetary relief of $100k or less Late amendment taking suit out of EA process requires leave of court for good cause 11

Discovery limits (R ) – 180 days beginning with service of first discovery – 15 each: interrogatories, requests for production, requests for admission – Depositions: 6 hours, can agree up to 10, but more than 10 only by court order (no change ) – may request disclosure of all documents, electronic information, and tangible items a party may use to support its claims or defenses 12

ADR: unless parties have agreed not to do ADR, TC may refer to ADR one time Limited time and cost for ADR: (1) not more than ½ day; (2) total cost limited to 2x filing fees; (3) must be completed no later than 60 days before first trial setting Parties may agree to more ADR than rule specifies 13

Trial time is limited to 8 hours per “side” but TC may extend time to 12 hours per side on motion and for good cause “Side” is defined to be same as in R. 233 (apportionment of strikes) 14

Time limit is for: (1) jury selection, (2) opening, (3) presenting evidence, (4) direct & cross exam, (5) closing Specifically not included in time limit: (1) objections, (2) bench conferences, (3) bills of exception, (4) challenges to a juror for cause 15

THE END But… 16

Remember to VOTE In the Bar election- Deadline is April 30 17