What is Rule 192.3 J of the Texas Rules of civil procedure?
Asked by: Mrs. Zoila Christiansen | Last update: October 1, 2025Score: 5/5 (22 votes)
Rule 192.3(j) makes a party's legal and factual contentions discoverable but does not require more than a basic statement of those contentions and does not require a marshaling of evidence.
What is Texas Rule of Civil Procedure 192.3 J?
(j) Contentions. A party may obtain discovery of any other party's legal contentions and the factual bases for those contentions.
What is the rule 192 of the Texas Rules of Civil Procedure?
A party may obtain discovery of the name, address, and telephone number of persons having know ledge of relevant facts, and a brief statement of each identified person's connection with the case. A person has knowledge of relevant facts when that person has or may have knowledge of any discoverable matter.
What are the requirements for a motion to dismiss in Texas?
A motion to dismiss must state that it is made pursuant to this rule, must identify each cause of action to which it is addressed, and must state specifically the reasons the cause of action has no basis in law, no basis in fact, or both. 91a.
What is the rule 193.3 in Texas?
Rule 193.3(d) is a new provision that allows a party to assert a claim of privilege to material or information produced inadvertently without intending to waive the privilege. The provision is commonly used in complex cases to reduce costs and risks in large document productions.
Changes to the TX Rules of Civil Procedure CLE
What is the rule of procedure 193 in Texas?
A party may not use - at any hearing or trial - material or information withheld from discovery under a claim of privilege, including a claim sustained by the court, without timely amending or supplementing the party's response to that discovery.
What is Rule 190.3 in Texas?
Rule 190.3. Discovery Control Plan - By Rule (Level 2) (2021) (a) Application. Unless a suit is governed by a discovery control plan under Rules 190.2 or 190.4, discovery must be conducted in accordance with this subdivision.
On what grounds can a case be dismissed in Texas?
Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.
How do you beat a motion to dismiss?
- The plaintiff's allegations don't fit the facts of the case.
- There is a missing element of the claim.
- There are no factual allegations in the complaint, only conclusions.
What is the difference between a motion to dismiss and a motion to terminate?
A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.
What is the 192.3 H of the Texas Rules of Civil Procedure?
(h) Statements of persons with knowledge of relevant facts. A party may obtain discovery of the statement of any person with knowledge of relevant facts - a "witness statement" - regardless of when the statement was made.
What leads to the discovery of admissible evidence?
The law says that the request must be “reasonably calculated to lead to the discovery of relevant, admissible, evidence.” Something is relevant if it tends to prove or disprove something that one of the sides in the lawsuit needs to prove to win their case.
What is the rule 193.7 in Texas Rules of Civil Procedure?
This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. 2. An objection to written discovery does not excuse the responding party from complying with the request to the extent no objection is made.
What is a motion to quash in Texas?
A motion to quash asks the court to confirm that you don't have to respond to a discovery request. You can file a motion to quash to challenge a discovery request.
What is Rule 193.5 in Texas Rules of Civil Procedure?
1. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. 2. An objection to written discovery does not excuse the responding party from complying with the request to the extent no objection is made.
What are special exceptions in Texas?
Special Exceptions (1941) A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations or the pleading excepted to.
Can I file my own motion to dismiss?
Filing and Serving Your Motion to Dismiss
Follow the applicable rules and procedures for filing with your court. U.S. federal court accepts electronic filings only, and many state courts also have eFiling procedures, so take advantage of this option when possible.
What is the success rate of motions to dismiss?
Indeed, motions to dismiss are filed in almost all securities cases, with an approximately 50% success rate.
What are examples of failure to state a claim?
For example, if someone sues their neighbor for being annoying, but there is no law against being annoying, the defendant could argue that the plaintiff has failed to state a valid legal claim.
Can a judge dismiss a civil case before trial?
Yes. It is possible for a case to be dismissed at the pretrial hearing. During the hearing, the judge will likely issue a decision regarding any pretrial motions to dismiss the case. Thus, if those motions are successful, your case may be dismissed at the pretrial.
How to tell if a prosecutor's case is weak?
Sign #2: The Prosecution's Evidence is Weak
For a case to succeed, the prosecution must prove guilt beyond a reasonable doubt. If their evidence is flimsy, circumstantial, or relies solely on unreliable witnesses, they may have difficulty meeting this standard of proof.
What is the 180 day rule in Texas?
What If I Am Not Indicted Within 180 Days In Texas? According to Article 32.01 of the Texas Code of Criminal Procedure, if a person is held in state custody for more than 180 days without an indictment, they are entitled to a personal recognizance (PR) bond and potentially a dismissal.
What is the rule 195.5 in Texas Rules of Civil Procedure?
195.5 Court-Ordered Reports. If the discoverable factual observations, tests, supporting data, calculations, photographs, or opinions of an expert have not been recorded and reduced to tangible form, the court may order these matters reduced to tangible form and produced in addition to the deposition.
What is the rule 190.2 in Texas rules of civil procedure?
Amended Rule 190.2(b) ends the discovery period 180 days after the date the first discovery request is served; imposes a fifteen limit maximum on interrogatories, requests for production, and requests for admission; and allows for additional disclosures.
What is Rule 205.3 in Texas Rules of Civil Procedure?
The party obtaining the production must make all materials produced available for inspection by any other party on reasonable notice, and must furnish copies to any party who requests at that party's expense.