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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

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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. DISCOVERY

RULE 190. DISCOVERY LIMITATIONS

190.1 Discovery Control Plan Required

 

 

. Every case must be governed by

a discovery control plan as provided in this Rule. A plaintiff must

allege in the first numbered paragraph of the original petition

whether discovery is intended to be conducted under Level 1, 2, or 3

of 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 affirmatively

plead that they seek only monetary relief

aggregating $50,000 or less, excluding costs,

pre-judgment interest and attorneys’ fees, and

(2) any suit for divorce not involving children in

which a party pleads that the value of the

marital estate is more than zero but not more

than $50,000.

(B)

 

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 under

Rule 190.4; or

(3) any party files a pleading or an amended or

supplemental pleading that seeks relief other

than that to which this subdivision applies.

A pleading, amended pleading (including trial amendment), or

supplemental pleading that renders this subdivision no longer

11

applicable may not be filed without leave of court less than 45

days before the date set for trial. Leave may be granted only if

good cause for filing the pleading outweighs any prejudice to

an opposing party.

©

 

Limitations. Discovery is subject to the limitations

provided elsewhere in these rules and to the following

additional limitations:

(1)

 

Discovery period. All discovery must be

conducted during the discovery period, which

begins when the suit is filed and continues until

30 days before the date set for trial.

(2)

 

Total time for oral depositions. Each party

may have no more than six hours in total to

examine and cross-examine all witnesses in oral

depositions. The parties may agree to expand

this limit up to ten hours in total, but not more

except by court order. The court may modify

the deposition hours so that no party is given

unfair advantage.

(3)

 

Interrogatories. Any party may serve on any

other party no more than 25 written

interrogatories, excluding interrogatories asking

a party only to identify or authenticate specific

documents. Each discrete subpart of an

interrogatory is considered a separate

interrogatory.

(d)

 

Reopening discovery. When the filing of a pleading or

an amended or supplemental pleading renders this

subdivision no longer applicable, the discovery period

reopens, and discovery must be completed within the

limitations provided in Rules 190.3 or 190.4,

whichever is applicable. Any person previously

deposed may be redeposed. On motion of any party,

the court should continue the trial date if necessary to

permit completion of discovery.

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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.

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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?

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