texas rules of civil procedure rule 93

Rule 94. Sept. 2, 1987; Acts 1995, 74th Leg., ch. In other words, at a trial or summary judgment proceeding, the court should tell the defendant "Sorry, I can't hear your other evidence that would seek to contradict the deemed proveninstrument. TRCP Rule 93 requires verified denials. September 1, 2011. A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. App.--Houston [14th Dist.] With few exceptions, all Interstates must meet specific standards, such as having controlled access, physical barriers or median strips between lanes of oncoming traffic, breakdown lanes, avoiding at-grade intersections, no traffic lights and complying with federal traffic sign specifications. Right. 217, 107 S.W.2d 378 (1937). 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. (1) each claimant; (2) each defendant; (3) each settling person; and (4) each responsible third party who has been designated under Section 33.004. Rule 93's chapeaureads: Courts have not really dealt with the meaning of the phrase "unless the truth of such matters appear of record." Answer: The jurisdiction of the courts and the venue of actions therein were not extended or limited by the adoption of the rules (Rule 816). B.J. 1, eff. This site works best with JavaScript enabled. Since 1941, the Rules of Civil Procedure have been amended numerous times, most recently when the Supreme Court promulgated the 1999 discovery rules revisions. %PDF-1.4 % 0000001156 00000 n 0000076940 00000 n So, guys without an attorney somehow manage to find a way to type up those things that took me so long to find a hotkey for, recite there's a general denial of the claim by the creditor and a bunch of other stuff, then sign off and note they certify service (almost never do, so we go to our default judgment proceedings, cocky as hell, only to be told "lol dey filed answer bro" and I'm like "but we no get served" and the judge is like "lol 2 bad so sad" and I'm like "if I didn't serve them my petition and prove it to you, you wouldn't even let me ask for default judgment, so why let them off the hook with the rules of service" and he's like "u ain't a paying voter get outta my court now plz"). 33.004. Added by Acts 1997, 75th Leg., ch. "D: "Judge, what?! (c) Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. View details in library catalog. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. Acts 2005, 79th Leg., Ch. Even if the party seeking to introduce the evidence or call the witness fails to carry the burden under paragraph (b), the court may grant a continuance or temporarily postpone the trial to allow a response to be made; amended, or supplemented, and to allow opposing parties to conduct discovery regarding any new information presented by that response. App. Amended by Acts 1997, 75th Leg., ch. 890), Sec. 0000016556 00000 n P. 1. a. 136, Sec. South Texas Dev. Amended by Acts 1987, 70th Leg., 1st C.S., ch. Consider the "motion for substitute service" in which a plaintiff is asking the court for permission to lighten up its usual burden to personally serve a guy. DoM[L8j.bm3{w32->>{*By$ju/?s\u^|j8ra2\5#{>>(\ @wzC@{ISe"5fl?w!@.NF:M\LmI*-t&nBE/ p The Court of Criminal Appeals must also be consulted on administrative rules affecting criminal cases. 2.11, eff. For rule-related questions, please call (512) 463-4097. Sept. 1, 2003. PROPORTIONATE RESPONSIBILITY. When the SCAC meets, its meetings are held at the Bar Center in Austin and are open to the public. Tex. App. Evidence The Rules of Evidence govern the admissibility and use of evidence in most court proceedings. If, however, the defendant does not file a plea of privilege to be sued in the county where the land lies, answer should be filed within the time required by the rules in the county where the suit is brought and the trial should be there proceeded within due course. Acts 2007, 80th Leg., R.S., Ch. (1) an action for damages arising from an act or omission of the owner, lessee, or occupant of real property that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others; or. September 1, 2011. In 1985, concurrent with the adoption of Article V, Section 31 of the Texas Constitution, the Legislature also authorized the Supreme Court to "adopt rules of administration setting policies and guidelines necessary or desirable for the operation and management of the court system and for the efficient administration of justice." But a party may object to a request for "all documents relevant to the lawsuit" as overly broad and not in compliance with the rule requiring specific requests for documents and refuse to comply with it entirely. This button displays the currently selected search type. 2. Sec. Lab. CIVIL PRACTICE AND REMEDIES CODE CHAPTER 93. ASSUMPTION OF THE - Texas InternationalBusinessman dot com . This paper explains how the Texas Supreme Court has derived its authority to promulgate procedural rules like the 1999 discovery rules revisions, the new combined Rules of Evidence and the new Rules of Appellate Procedure and describes the process by which the Court drafts such rules. 375), Sec. Any such denial may be made in original or amended pleadings; but if in amended pleadings the same must be filed not less than seven days before the case proceeds to trial. It also briefly surveys the historical origins of the more important sets of Texas procedural rules. Amended by Acts 1989, 71st Leg., ch. LEXIS 12640, *5-*6 (Tex. 0000010317 00000 n CONTRIBUTION. The requirements that the summary judgment record contain "unambiguous" or "uncontroverted" evidence to waive the verified denial requirement seems established. Apparently the Court relied on the judiciary's inherent power, at least in the absence of legislated rules, to promulgate a few rules of procedure. 136, Sec. Section-16 Probation and Parole OP-160901 Page: 1 Effective Date: 11/16/2021 Revision-01 dated 06/29/2022 Revision on pages 1, 2, 6, 20, 24 The offender will be advised of violations and recommended sanctions as referred to in the rules and conditions of parole. R. Civ. "Oh, shoot, you put it in the record, guess I need to allow it now. RULE 500.2. 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. 33.003. Sept. 1, 2003. In this chapter: (1) "Claimant" means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. Wow! All rights reserved. App.--Dallas Nov. 20, 2014), citing Rockwall Commons Assocs. Your typical debtor served with a lawsuit is poorer than the average bear, so it's off to the Internet forums: "Just got served for credit card / promissory note / whatever. The statement should not be made prophylactically, but only when specific information and materials have been withheld. 4, eff. "Of record" is vague, so it might open the door to permit a summary judgment record. Acts 2021, 87th Leg., R.S., Ch. With it have been combined provisions from a number of other specific statutes requiring sworn pleas. ), so the courts are trying to "get modern" by breaking the law. & Rem. Sept. 1, 1995. Gov't Code 22.108-.109. (b) Each liable defendant is entitled to contribution from each person who is not a settling person and who is liable to the claimant for a percentage of responsibility but from whom the claimant seeks no relief at the time of submission. Effective February 4, 1987, the Supreme Court adopted Rules of Judicial Administration providing for a Council of Regional Presiding Judges, prescribing duties for presiding judges and local administrative judges, and setting time standards for disposition of cases. Back to Main Page / Back to List of Rules. App.--Houston [1st Dist.] Acts 1985, 69th Leg., ch. (c) Repealed by Acts 2003, 78th Leg., ch. Sept. 1, 2003. 0000020655 00000 n 437, Sec. 4.10(5). The Civil Rules were last amended in 2022. (per curiam) (verified denial unnecessary where original petition admitted to status of legal guardian andorder granting legal guardianship status attached to petition). 1, eff. The party seeking to avoid discovery has the burden of proving the objection or privilege. PROPERTY CODE CHAPTER 24. FORCIBLE ENTRY AND DETAINER - Texas Early on, the delegates who were opposed to having a strong central government argued that national laws could be enforced by state courts, while others, including James Madison, advocated for a national judicial authority consisting of tribunals chosen by the national legislature. (b) Nothing in this section affects the third-party practice as previously recognized in the rules and statutes of this state with regard to the assertion by a defendant of rights to contribution or indemnity. Effective September 1, 1986, the rules governing procedure on appeal were extracted from the Rules of Civil Procedure and promulgated as the Texas Rules of Appellate Procedure. That the plaintiff has not legal capacity to sue, or that the defendant has not legal capacity to be sued. I.e. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit shall be sufficient if it state that the affiant has reason to believe and does believe that such instrument was not executed by the decedent or by his authority. art. The courts that have considered it made a mockery out of the provision by pretty much all agreeing that, assuming a summary judgment record was built, that summary judgment record could be looked at to determine the "truth" of such matters.There's a couple ways of rationalizing that.1) Summary judgment proceedings are like trials, procedurally speaking. That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued. Stat. Acts 2021, 87th Leg., R.S., Ch. hb```f``9 xAX,S !2{7 7H0F1j8pg0A:f^,Y*N|2H}YW _.h/,g[P1Pm*jR! 98 0 obj <>stream 0 (g) If an objection to the motion for leave is timely filed, the court shall grant leave to designate the person as a responsible third party unless the objecting party establishes: (1) the defendant did not plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure; and. 1989). i. 204, Sec. See Schafer v. Fed. PDF Defendant's Answer [Civil Case, not Family] - Texas Law Help 56 0 obj <> endobj 1, eff. When a case is appealed, theRules of Appellate Procedure govern the appeals process. Co. v. Williams, 130 Tex. Act of May 15, 1939, H.B. 2, Sec. (b) Repealed by Acts 2003, 78th Leg., ch. . That the plaintiff has not legal capacity to sue, or that the defendant has not legal capacity to be sued. 0000045704 00000 n RULE 500. texas rules of civil procedure table of contents part i - general rules rule 1. objective of rules rule 2. scope of rules rule 3. construction of rules rule 3a. The Court anticipates reconstituting the SCAC after the 1999 discovery rules revisions take effect on January 1, 1999. Acts 1985, 69th Leg., ch. k. That an account which is the foundation of the plaintiff's action, and supported by an affidavit, is not just; and, in such case, the answer shall set forth the items and particulars which are unjust. (d) An election made under Subsection (c) shall be made by any defendant filing a written election before the issues of the action are submitted to the trier of fact and when made, shall be binding on all defendants. September 1, 2011. 2.09, eff. 0000019342 00000 n Rule 93 is really important to a defendant's pleadings. Amended by Acts 2003, 78th Leg., ch. Hi, it looks like JavaScript has been disabled in your browser. Sept. 1, 1995. P. 3a; Tex. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 1. (b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. Sept. 1, 1987. See Sims v. Hill, 567 S.W.2d 912, 913 (Tex. Sept. 1, 1995. Rule 192.7. Definitions (1999) - South Texas College of Law Houston Please take our patron satisfaction survey! Rule 94 - Affirmative Defenses, Tex. R. Civ. P. 94 - Casetext 1, eff. 17, eff. Transcriptions of debates and copies of proposals received by the committee are kept in the State Law Library and at the Supreme Court. Fam. Sept. 1, 1995; Acts 2003, 78th Leg., ch. You didn't file a verification!". The amount to be contributed by each contribution defendant pursuant to Section 33.015 shall be in proportion to his respective percentage of responsibility relative to the sum of percentages of responsibility of all liable defendants and liable contribution defendants. In a civil proceeding, on a trial court's granting or denial, in whole or in part, of a motion to dismiss filed under the rules adopted by the supreme court under Section 22.004(g), Government Code, the court may award costs and reasonable and necessary attorney's fees to the prevailing party. (d) No defendant has a right of contribution against any settling person. 33.016. 7. Const. (k) An unknown person designated as a responsible third party under Subsection (j) is denominated as "Jane Doe" or "John Doe" until the person's identity is known. Civ. 4.10(3). This rule is thus broader than Tex. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 4.02, eff. A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may be made on information and belief. 1, eff. That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued. 38 (1945). Co. v. Valdez, 863 S.W.2d 458 (Tex. 1. "Looks to me that D pretty much the "truth" of that matter square into the record by simply attachingit to his pleadings. Some courts say summary judgment evidence can sub in for the denial. (a) all documents of any nature filed in connection with any matter before any civil court, except: (1) documents filed with a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; (2) documents in court files to which access is otherwise restricted by law; A party who fails to make, amend, or supplement a discovery response in a timely manner may not introduce in evidence the material or information that was not timely disclosed, or offer the testimony of a witness (other than a named party) who was not timely identified, unless the court finds that: (1) there was good cause for the failure to timely make, amend, or supplement the discovery response; or. Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. (c) If for any reason a liable defendant does not pay or contribute the portion of the damages required by his percentage of responsibility, the amount of the damages not paid or contributed by that defendant shall be paid or contributed by the remaining defendants who are jointly and severally liable for those damages. Pleadings are the basis for a lawsuit. An objection to authenticity must be made in good faith. 289, 115 S.W.2d 391 (1938). (a) It is an affirmative defense to a civil action for damages brought against a defendant who is an owner, lessee, or occupant of real property who permits a fire-fighting agency to connect a dry fire hydrant to a source of water on the property or to install a dry fire hydrant on the property that the damages arise from: Wright v. Gateway Tire of Tex., Inc., 2014 Tex. xZ}xTgM;nL dF`hv7&*JWW^?ZZj[RB>g3{fMT@=$uC (d) to (h) Repealed by Acts 2003, 78th Leg., ch. App.--Amarillo Jun. Restoring broader rulemaking authority to the Supreme Court became the first priority of the bar. 274), Sec. 274), Sec. These rules differ widely. Added by Acts 1995, 74th Leg., ch. The Court must notify the bar of rules changes and must deliver a copy to the Secretary of State for transmission to the Legislature. These rules were adopted in accordance withchapter 33 of the Family Code. 837 (S.B. That is dumb and screws up trials. Rule 93 (a); Shell Petroleum Corp. v. Grays, 122 Tex. DESIGNATION OF RESPONSIBLE THIRD PARTY. DETERMINATION OF PERCENTAGE OF RESPONSIBILITY. Local rules governing civil cases are subject to Supreme Court and/or Court of Criminal Appeals approval. 1, eff. 4, eff. <]/Prev 331476>> 0000017428 00000 n Aug. 19, 2010, no pet.) they're called pleadings because you plea for relief. 1, eff. These Answers contain "laundry lists" of denials and defenses. (a) In this section, "contribution defendant" means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of damages for which that party may be liable, but from whom the claimant seeks no relief at the time of submission. In 1997, the Supreme Court promulgated an entirely new set of Rules of Appellate Procedure. 4.06, 4.10(4), eff. Sec. Sec. 0000001576 00000 n GENERAL RULES RULE 500.1. Tex. (2) an action for damages arising from a condition of the real property on which the dry fire hydrant is located. Sept. 1, 1985. 959, Sec. 2. In 1939 the Texas Legislature enacted the Rules of Practice Act giving the Supreme Court "full rulemaking power in the practice and procedure in civil actions." Sept. 1, 1985. Back to Main Page / Back to List of Rules. (3) the allegation satisfies the pleading requirements of the Texas Rules of Civil Procedure. CIVIL PRACTICE AND REMEDIES CODE CHAPTER 18. EVIDENCE - Texas "J: "No claim in tort for property damages or whatnot? Many of the affirmative defenses are listed in Rule 94 of the Texas Rules of Civil Procedure. Gov't Code 22.004). Then we'd have a pretty good split (if we don't already with case law holding at summary judgment matters were deemed admitted due to procedural non-compliance). Co., 885 S.W.2d 212, 214 (Tex. Rule 94. Affirmative Defenses (1941) - South Texas College of Law Houston 0000003824 00000 n 1, eff. Civ. Interstate Highway System - Wikipedia The denial required by this subdivision of the rule may be made upon information and belief. App.--Eastland Feb. 24, 2011) (mem. 11-09-00340-CV, 2011 Tex. op.) Texas Court Rules | Texas Rules of Civil Procedure | Casetext Grantor Trust I, 331 S.W.3d 500, 506-07 (Tex. In addition to revisions suggested by members, the SCAC considers every proposal it receives, whether from the Court itself, from the Executive and Legislative Departments, from bar groups interested in rules of procedure, from individual judges and lawyers, and from the public. This rule imposes no duty to supplement or amend deposition testimony. Acts 2005, 79th Leg., Ch. (b) Burden of establishing exception. (b) This section does not allow a submission to the jury of a question regarding conduct by any person without sufficient evidence to support the submission. "J: "Uh, why? Special Exceptions (Mar1941) TEXT 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 in the pleading excepted to. More recently, it participated in the adoption of the new Rules of Appellate Procedure and the Rules of Evidence. & Loan, 751 S.W.2d 487 (Tex. Sept. 2, 1987; Acts 1995, 74th Leg., ch. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The Reapportionment Act of 1929 established that there be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to object to authenticity. Smith v. Home Indem. Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Texas Records and Information Locator (TRAIL). Either form is sufficient under the rule as construed by the decisions. Subdivision b will under this rule include the plea that the defendant has not legal capacity to be sued. Subdivision c has been extended to include a denial of defendants liability in the capacity in which he is sued. I hope the Eastland court gets a chance to find that a summary judgment record does not put matters otherwise needing verified denial of record. P attaches to its petition a copy of the loan. rule 93. certain pleas to be verified rule 94. affirmative defenses rule 95. pleas of payment rule 96. no discontinuance rule 97. counterclaim and cross-claim Sept. 2, 1987. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. App.--Dallas 2013) (lack of capacity to be sued based on one vague affidavit and attached records silent as to same issue did place question of capacity "of record").Contrast all these holdings to the sane holding in this mess: Howell v. Thompson, No. Affirmative Defenses Read Texas Rules of Civil Procedure Rule 94 for a list of affirmative defenses. 0000003789 00000 n Acts 1985, 69th Leg., ch. Sept. 1, 1995; Acts 2001, 77th Leg., ch. I think the case law on hand right now about summary judgment evidence putting the issue of record is stupid and perverts the law on the books. Rule 166a of the rules of civil procedure requires that the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing. Per Rule 41, United States federal search warrants on persons or properties are to be executed within 14 days of issuance by the magistrate or judge. If you can't plead right, you don't get what you want, and shouldn't be allowed to cheat it by going into a summary judgment hearing with a piece of paper and saying "Oh yeah this paper says what I meant to say by swearing out my denial. P. 92 Download PDF As amended through January 27, 2023 Rule 92 - General Denial A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue. Learn more in our Cookie Policy. The new rules were intended to make appellate practice more user-friendly, refocus appellate procedure on the merits rather than technicalities, and reduce cost and delay. Some. PROPORTIONATE RESPONSIBILITY. Thus, when large numbers of documents are being produced, a party may amend the initial response when documents are found as to which the party claims privilege. Use the listof Texas countywebsites from the Texas Association of Counties to find a link to your county's website. Rule 91. Special Exceptions (Mar1941) - South Texas College of Law Houston Rule 106(b) and Rule 109 requests are usually done bymoving the court through amotion for substitute service. 0000016905 00000 n b. 1, eff. 2. 0000001819 00000 n App.--Ft. f. A denial of partnership as alleged in any pleading as to any party to the suit. The Rules of Civil Procedure govern the proceedings in civil trials. That the suit is not commenced in the proper county. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date. (B) any person who is seeking, has sought, or could seek recovery of damages for the injury, harm, or death of that person or for the damage to the property of that person. You should verify denial, and if your verification sucks, also have that backup summary judgment evidence, rather than simply rely on one or the other.Defendants need to file verified denials for the Rule 93 matters requiring it. 5.02, eff. A trial court may also order this procedure. A plaintiff needs to prove its claims, or it can't get what it wants. Sec. 2.04, eff. (Magnuson v. Mullen (2002) 65 S.W.3d 815, 824.) 204, Sec. 3.02, eff. It's not a pleading, it's a request within the context of pleadings. trespass to try title? (a) If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly and severally liable greater than his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other liable defendant to the extent that the other liable defendant has not paid the percentage of the damages found by the trier of fact equal to that other defendant's percentage of responsibility. Has D's info all throughout it. The term "responsible third party" does not include a seller eligible for indemnity under Section 82.002. 0000019847 00000 n (2) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Description: This is for a topper still has some life in it! 1, eff. 204, Sec. 1. )Need more? 2018), Sec. 0000015832 00000 n Affirmative Defenses. 7. Sept. 1, 1995. It avoids his responsibility to otherwise submit a verified denial. (N) Section 21.02 (continuous sexual abuse of young child or disabled individual). A list of creditor-hatin' trolls then provides cherry-picked case law they found for free online along with the basic form of the Answer that'll make life one step harder for a collections guy. Only the percentage of responsibility of each defendant and contribution defendant shall be included in this determination. 5.02, eff. Pleadings are not motions; the distinction is abstruse, but fundamentally, a motion is usually brought in the context of a pleading, and is predicated on the pleading preceding it. CIVIL PRACTICE AND REMEDIES CODE CHAPTER 33. PROPORTIONATE - Texas 8P ,qPP PG _'xXb];&>|?9zN{KYl2u~r^TrGL,$AP,[!wtCUHs6[6blfl *u h w!Rn N _rZq"X*sayBDbeqU;/pyr m$ce)U %) @ R. Evid. This Order incorporates the revisions and contains the final version of the rules, effective February 1, 2023. Some rules of procedure being essential to the operation of the judiciary, the Supreme Court adopted a few before it had any constitutional or statutory authority to do so. Co. v. Williams, 130 Tex. This recent 20 years has seen a few cases say you're not as f'd as you might be if you can put on reallllly good summary judgment evidence, but if you don't put on that evidence, or if it's bad, then you're really f'd! 0000003184 00000 n June 9, 2005. 23.001(6), eff. Local Court Rules 2. 204, Sec. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 204, Sec. The Rules of Evidence govern the admissibility and use of evidence in most court proceedings. TJB | Rules & Forms | Rules & Standards | Texas Court Rules History App.--Houston [1st Dist.] 217, 107 S.W.2d 378 (1937). Sept. 1, 2001; Acts 2003, 78th Leg., ch. App.--El Paso 2010, no pet.) 3. It dispenses with objections to written discovery requests on the basis that responsive information or materials are protected by a specific privilege from discovery. 2, Sec. Texas Rule 202 Takes Pre-Litigation Discovery Further