chazwel Posted December 5, 2012 Report Share Posted December 5, 2012 Do you know the time limit for discovery in a civil suit? I am new at this and am going to file a motion for Summary judgment on answers deemed admitted as soon as time permits. I have looked in O'Conners book, online, and serveral websites, so I have looked. I would not be a good lawyer, this stuff gives me headaches. But I will try to beat back the scum. TIA Link to comment Share on other sites More sharing options...
upsman40 Posted December 5, 2012 Report Share Posted December 5, 2012 Look in your Rules for Civil Procedure for your jurisdiction Link to comment Share on other sites More sharing options...
upsman40 Posted December 5, 2012 Report Share Posted December 5, 2012 I found this for Texas but you will still need to make sure for yourself http://www.perryhaas.com/images/texas_discover_rules3.pdf B. DISCOVERYRULE 190. DISCOVERY LIMITATIONS190.1 Discovery Control Plan Required . Every case must be governed bya discovery control plan as provided in this Rule. A plaintiff mustallege in the first numbered paragraph of the original petitionwhether discovery is intended to be conducted under Level 1, 2, or 3of this Rule.190.2 Discovery Control Plan — Suits Involving $50,000 or Less(Level 1).(a) Application. This subdivision applies to:(1) any suit in which all plaintiffs affirmativelyplead that they seek only monetary reliefaggregating $50,000 or less, excluding costs,pre-judgment interest and attorneys’ fees, and(2) any suit for divorce not involving children inwhich a party pleads that the value of themarital estate is more than zero but not morethan $50,000.( Exceptions. This subdivision does not apply if:(1) the parties agree that Rule 190.3 should apply;(2) the court orders a discovery control plan underRule 190.4; or(3) any party files a pleading or an amended orsupplemental pleading that seeks relief otherthan that to which this subdivision applies.A pleading, amended pleading (including trial amendment), orsupplemental pleading that renders this subdivision no longer11applicable may not be filed without leave of court less than 45days before the date set for trial. Leave may be granted only ifgood cause for filing the pleading outweighs any prejudice toan opposing party.© Limitations. Discovery is subject to the limitationsprovided elsewhere in these rules and to the followingadditional limitations:(1) Discovery period. All discovery must beconducted during the discovery period, whichbegins when the suit is filed and continues until30 days before the date set for trial.(2) Total time for oral depositions. Each partymay have no more than six hours in total toexamine and cross-examine all witnesses in oraldepositions. The parties may agree to expandthis limit up to ten hours in total, but not moreexcept by court order. The court may modifythe deposition hours so that no party is givenunfair advantage.(3) Interrogatories. Any party may serve on anyother party no more than 25 writteninterrogatories, excluding interrogatories askinga party only to identify or authenticate specificdocuments. Each discrete subpart of aninterrogatory is considered a separateinterrogatory.(d) Reopening discovery. When the filing of a pleading oran amended or supplemental pleading renders thissubdivision no longer applicable, the discovery periodreopens, and discovery must be completed within thelimitations provided in Rules 190.3 or 190.4,whichever is applicable. Any person previouslydeposed may be redeposed. On motion of any party,the court should continue the trial date if necessary topermit completion of discovery. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted December 5, 2012 Report Share Posted December 5, 2012 Gee, I can't post outside links anymore. Wonder why. Texas Rule 166a covers summary judgment. From the looks of what you posted, you don't have a prayer of winning one at this point in time. Unless they admitted they have no case, forget this. Have you had their lack of response deemed as admitted yet? Don't count on this happening, there are usually many procedures they can use to avoid this. All they usually have to do is object to your motion to deem admmitted and attach the answers. Link to comment Share on other sites More sharing options...
chazwel Posted December 5, 2012 Author Report Share Posted December 5, 2012 Think I should start a new thread and start from the beginning? What I have in the first post was suggusted on another forum.I have sent my Response to Complaint, Motive to Strike, and Discovery letters already. Maybe this will help. http://creditboards.com/forums/index.php?showtopic=500937&st=0 I am just wondering what to do next? Link to comment Share on other sites More sharing options...
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