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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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I have a scheduled court trial 9-21-09 on a breach of contract

Customer Question

I have a scheduled court trial 9-21-09 on a breach of contract matter. How late can I submit interrogatories in Texas prior to trial. Discovery level 2. Second question, the Judge ordered mediation. Can I choose who will mediate the case or must I accept who the Judge selects. Thanks, Jay
Submitted: 8 years ago.
Category: Business Law
Expert:  Maverick replied 8 years ago.

Under Level 2 for most cases, discovery begins when suit is filed and continues until the earliest of the following dates:

 

1. 30 days before trial (TRCP 190.3(b)(1)(B)(i)) or

 

2. nine months after the date of first oral deposition or due date of the 1st response to written discovery, whichever is first. (ii)

 

so first go to 2 above and find the earliest date, then, compare that date to 1. above and find the earliest date between those two dates. Whatever the earliest date is, that is the end of date for the discovery period.

 

You must serve the ROGS 30 days before that date, however to be safe, do it at least 34 days before. TRCP 190.2(c)(1), 190.3(b) and 197.1

 

As to your Q about the mediator, the court may appoint one or more third parties, on whom the parties agree, to mediate the case, provided generally that the third party is qualified. CPRC 154.051(b)-(c).

 

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