Author Archives: Bonnie Sudderth

Discovery: What is a Request for Admission?

A Request for Admission asks a party to either admit or deny certain facts in order to identify undisputed facts and narrow the proof required at trial.  If the party fails to respond to the Request for Admission within the … Continue reading

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Discovery: What is an Interrogatory?

An Interrogatory is somewhat similar to a Request for Disclosure. It is a discovery tool which requires the other side to answer questions about the lawsuit prior to trial.  Unlike Disclosures, which are preset generic questions which have been approved in advance … Continue reading

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Discovery: What is a Request for Disclosure?

A Request for Disclosure is a discovery tool which permits a party to obtain certain pre-approved information from another party without having to argue over whether the information is discoverable or must be produced.  Texas Rule of Civil Procedure 194.2 provides … Continue reading

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What is Discovery?

Discovery is a process that occurs after a civil lawsuit has been filed but before trial occurs in the case.[1]  During this “pretrial” period, the parties in the lawsuit may obtain information from each other and witnesses who have knowledge … Continue reading

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What’s the Difference Between an Order and a Judgment?

This is a parallel question to the previous question (what is the difference between a hearing and a trial), because, generally speaking, an order is what follows a hearing, whereas a judgment is what follows a trial. Normally, a judgment … Continue reading

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What’s the Difference Between a Hearing and a Trial?

A hearing is to a trial what a battle is to a war.  During the pendency of a case, the parties to a lawsuit may experience ongoing conflicts, ranging from minor disagreements to serious disputes.  When these pretrial conflicts arise, the judge will ordinarily conduct a hearing and … Continue reading

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How old must a child be in order to testify in court?

Most, if not all, jurisdictions have no minimum age requirement in order for a child to be permitted to testify in court.  Instead, judges are given discretion to determine whether a child is competent to testify. In most jurisdictions, judges … Continue reading

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