Early last year, I wrote about the split among the Texas courts of appeals on whether mandamus relief is available to challenge a trial court’s ruling striking a Section 18.001 counteraffidavit. Civil Practice and Remedies Code Section 18.001 counteraffidavits are used by defendants to contest the reasonableness and necessity of a claimant’s affidavit proof of
Evidence
Authenticating Public Records
By Mike Northrup on
Posted in Civil Procedure, Evidence
Cases involving questions on the admissibility of evidence rarely rise to the level of importance that the Texas Supreme Court gets involved. Yet these questions routinely arise in the trial courts and are fundamental to trial practice. The Texas Supreme Court recently examined an evidence question involving the admissibility of public records.
In Fleming v. …
Section 18.001 Affidavits: There’s a Storm Brewing…
By Mike Northrup on
Often one of the biggest disputes at trial relates to the value of services that a claimant seeks to recover from the opposing party. At least for routine cases, the form and manner of proving the value of those services is made easier by statute, but when the value of the services is contested, things…
DOES A DEPOSITION ON WRITTEN QUESTIONS IN LIEU OF AN AFFIDAVIT CONCERNING COST & NECESSITY OF SERVICES SATISFY TEXAS CIVIL PRACTICE & REMEDIES CODE §18.001?
By Daniel Correa on
If you are defense counsel in a personal injury suit, you may be accustomed to receiving an affidavit concerning cost and necessity of services from plaintiff’s counsel immediately or shortly following your answer to the suit. In many cases you may not know whether the case warrants hiring an expert to controvert the affidavit within…