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Tx. JP Court Deemed Admissions & Tx Supreme Court Ruling


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I am hoping I did not screw up when I filed my answer to the suit filed against me by Portfolio Recovery Associates, LLP.....

 

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In the papers I was serverd there is a "Standing Discovery Order"

 

 

JUSTICE COURT

PRECINCT TWO

GILLESPIE CO., TX.

 

STANDING DISCOVERY ORDER

 

Pursuant to Rule 190.5 of the Texas Rules of Civil Procedure, and in the interests of justice, the Court hereby modifies the Discovery Control Plan that governs this case under Rule 190.1 as follows:

 

1. Requests for Admissions may not be imbedded in a petition. See Rule 191.4 (Requests for Admissions "must not be filed"). A party who violates this Standing Order may not rely on alleged Deemed Admissions for any purpose in this case, including in connection with a Motion for a Default Judgment or a Motion for Summary Judgment.

 

2. Deemed Admissions may not be used against any party in this case (including a defendant who has not filed an answer) in the absence of strict proof of service of the corresponding Requests for Admissions on such party.

 

3. The parties may apply for a modification of the Standing Discovery Order at any time for good cause.

 

CARL E. SCHOESSOW,

Justice of the Peace, Precinct Two,

Gillespie County, Texas

 

 

I pretty much answered as suggested but did not understand and did not address the request for admissions....I had been reading but not really understanding the whole idea of "Embedded Requests for Admissions"

 

While trying create and get a Discovery Request prepared and submitted to the court I ran across this little bit of info and am now more confused than ever.....

 

PETITION FOR REVIEW please see attachment

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Did you have a specific question? I'm not totally sure I understand what you are concerned about.

 

I pretty much answered the petition as suggested;  but did not understand and did not address the request for admissions....I had been reading but not really understanding the whole idea of "Embedded Requests for Admissions"

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I did turn in the answer and on time....Do I need to do a request for Discovery? I called the JP clerk today, and she said there were would be some type of meeting priot to the hearing that probably will not be set until March sometime...so just making sure I get everything done I am suppose to do. I start reading all the stuff here and reading other cases and get so over-whelmed trying to figure it all out.

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I did turn in the answer and on time....Do I need to do a request for Discovery? I called the JP clerk today, and she said there were would be some type of meeting priot to the hearing that probably will not be set until March sometime...so just making sure I get everything done I am suppose to do. I start reading all the stuff here and reading other cases and get so over-whelmed trying to figure it all out.

As I said in your original thread the new rules require you to get the judge's permission to send discovery.  That would be my top priority now.  "Some type of meeting" is too vague to analyze.  You need to get to the point of sending discovery as your chance of beating them without it is close to zero.

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  • 1 month later...

I did file a motion with the judge requesting discovery on them.....I have yet to receive anything else in regards to their embedded requests..and their response to my discovery is very lacking...now I am trying to figure out how to proceed for Tuesday mornings hearing date......

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