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Rule 11 Agreement Filed Over A Year After It Was Signed Is Enforceable

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In Markarian v. Markarian, the Dallas Court of Appeals upheld a trial court’s ruling that a final divorce decree signed by the parties, and filed over a year after it was signed, was enforceable pursuant to Rule 11 of the Texas Rules of Civil Procedure. Rule 11 provides that agreements must be (1) in writing, (2) signed, and (3) filed …

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A Primer on Expedited Actions Under Texas Rule of Civil Procedure 169

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In 2011, the Texas Legislature passed House Bill 274, which called upon the Supreme Court of Texas to promulgate procedural rules and amendments for expedited civil actions. The Supreme Court formed a task force to answer the legislature’s call, and the task force proposed several modifications to the Texas Rules of Civil Procedure. On November 13, 2012, the Supreme Court …

Reference to Medical Records for Opinions of Non-Retained Experts May Be Insufficient to Properly Designate Under Rule 194

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On September 28, 2011, the Waco Court of Appeals decided Baker v. Energy Transfer Co, 2011 WL 4489803.  In the Baker case, the plaintiffs designated their non-retained medical experts by stating the subject matter on which those experts would testify and then, for their mental impressions and opinions and the basis of their opinions, plaintiffs referred to and incorporated by reference into …

The New “Loser Pays” Rule in Texas Litigation

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The “American rule” refers to the general policy (there are statutory exceptions) that all litigants—even the party that prevails at trial—must bear their own attorney’s fees.  The Texas Legislature has recently altered this rule pursuant to a controversial “emergency session” called by Governor Rick Perry.    The new law, which takes effect on September 1, 2011, allows Texas courts the …