Lawsuit Homework

January 5, 2021
Lawsuit Homework

Beginning January 1, 2021, the Texas Supreme Court began requiring litigants in certain Civil and Family cases to automatically provide certain information and documents to the other side. In an effort to promote the prompt, efficient, and cost-effective resolution of civil actions filed in county courts at law in which the amount in controversy does not exceed $250,000, the Texas State Legislature enacted Senate Bill SB 2342 which required the Supreme Court to amended Rules 47, 169, 190, 192, 193, 194, and 195 of the Texas Rules of Civil Procedure and changes to section 22.004(h) of the Texas Government Code. The newly adopted rules went into effect midnight January 1, 2021 and require parties on both sides to automatically disclose certain information and provide certain documents to the other side. 

 

What does this mean for you? 

The new rules set mandatory time limits to get certain information over to the other side, so if you hire a lawyer to file a lawsuit on your behalf after January 1, 2021, then you will need to provide various information and documents in order to comply with these new laws. The information ranges from your proper name and address and the reasons or basis for your lawsuit.

If you are getting a divorce you must provide all real estate documents, all pension and retirement documents, all life/casualty/liability/health insurance documents, and your most recent bank statements.

If you have a spousal support or child support case then you will be required to provide all medical and health insurance coverage documents, your income tax returns for the previous two years or Form W-2s, and your two most recent payroll check stubs.

Your lawyer may decline to accept your case until you provide these items. It is also good to keep everything you provide to your lawyer in a folder because you may be asked for it again. You may also be asked to corroborate it with information obtained from third parties such as the IRS or your employer. Be prepared. Don’t get caught being out of compliance. Contact our firm today to protect your rights!

 

Social Media Lawsuits

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Social Media Users Beware! 

Beginning December 31, 2020, the Texas Supreme Court will begin allowing defendants to be served electronically via social media. The Texas State Legislature enacted Senate Bill 891 which amended Section 17.033 of the Civil Practices and Remedies Code to allow substituted service of citation. This Bill required the Supreme Court to adopt rules to provide for the substituted service of citation by an electronic communication sent to a defendant through a social media...


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Criminal defense counsel must abide by client’s wishes

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Yesterday the United States Supreme Court ruled that a lawyer cannot concede a criminal defendant’s guilt over the client’s stated objections. If a criminal defendant continually insists that his counsel refrain from admitting guilt, then that Counsel must abide by the client’s wishes even if in the defense counsel’s legal experience he might win the case on a lesser charge. For the Supreme Court’s full opinion click here: https://www.supremecourt.gov/opinions/17pdf/16-8255_i4ek.pdf...


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Warrant Recall & Case Resolution Initiative April 23-28

April 26, 2018


During the week of April 23-28, 2018, Baton Rouge City Court is offering the citizens of Baton Rouge an opportunity to have their bench warrants recalled and to settle any associated traffic or criminal matter. If a citizen has all outstanding bench warrants recalled, the threat of arrest on those warrants will be removed. Citizens must check in between 10:00 a.m. and 4:00 p.m. daily. This initiative will culminate with a Saturday Court session on April 28, 2018, from 9:00 a.m. until 12:00 no...


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New changes to Private Works Act

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Notice to Contractors and Homeowners undertaking home improvements….

Did you know that members of the Louisiana state legislature recently passed a new bill requiring home improvement contractors to comply with certain notice provisions to homeowners? If you hold a license as a residential building contractor or if you are registered as a home improvement contractor, then this is for you!

The Louisiana Legislature just amended and reenacted R.S. 37:2175.1(A)(1) and 2175.3...


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United States Department of Justice Issues Department Response to Disaster Fraud

November 2, 2017

Allegations of disaster fraud are already following in the wake of the recent hurricanes and wildfires. The call center for the National Center for Disaster Fraud (NCDF) has already received hundreds of complaints from across the country. This issue warrants a coordinated, nationwide response. In order to ensure that the Department of Justice effectively and quickly combats fraudulent conduct relating to the recent hurricanes, the Deputy Attorney General recently issued gu...


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Homeowner Tips for Rebuilding After a Natural Disaster

August 15, 2016

Unfortunately, along with the pain and suffering experienced as a result of natural disasters, unknowing homeowners can become victim to fraud, waste, and abuse. As discussed below, there are a number of important facts to be aware of when repairing or rebuilding your home.

Get written estimates from at least three companies. Insist on a written contract and do not pay a contractor cash up front or on a lump sum basis. To avoid a contractor absconding with your money, set up a...


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