The San Antonio Court of Appeals reaffirmed that the fact that an attorney for one of the parties may also be a witness does not require disqualification under Rule 3.08 of the Disciplinary Rules of Professional Conduct. In this case, counsel for the relator was a potential witness with knowledge of some arguably relevant facts. The
witness
TRCP 193.6 Strikes Again
By Byron Henry on
Posted in Opinions & Judgments
The Houston Court of Appeals (14th) recently held that a party may not avoid exclusion of an undisclosed expert by simply calling the witness to rebut previous testimony. Appellee failed to timely disclose an expert. The trial court allowed the expert to testify at trial over appellant’s objection. On appeal, the appellant argued that the…