Tag Archives: Texas

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 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’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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