Tag Archives: Tarrant County

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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Can a Witness Refuse to Answer a Question on Fifth Amendment Grounds in a Civil Case?

Absolutely.  The Fifth Amendment of the U.S. Constitution protects a witness’s right not to self-incriminate, not just in criminal proceedings, but in civil proceedings as well.  This is important because if a witness fails to invoke the Fifth Amendment in a … Continue reading

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What is a Scintilla?

“Scintilla” is a frequently-used legal term that is derived from a Latin word meaning “a spark.”  It is used to describe how much evidence exists in the record to prove a particular fact.  When a court finds that there is … Continue reading

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