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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am preparing a supplemental Rule 26 disclosure to defendants.

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I am preparing a supplemental Rule 26 disclosure to defendants. I filed and served a partial summary judgment ("sj"). I prepared an Appendix of Exhibits and Statement of Facts. The Appendix and citations to same, reference exhibit numbers pursuant to my rule 26 disclosures as well as appendix pages. Some of the exhibits I submitted with my partial sj were not served via Rule 26 but I sequentially labeled them pursuant to my rule 26 disclosures, i.e., Ex. 125, 126, 127....etc. I did not disclose because they were state statutes. Not to make this confusing, and I apologize in advance for the confusion, my question is....since my rule 26 disclosures end with Ex. 145, would I begin my supplemental disclosures with Ex. 146 or with the next highest exhibit number submitted with my sj motion? Also, I inadvertently labeled 2 of my sj exhibits with the same exhibit number. Can I file a notice of errata to correct this error?

Thanks for your question.

There is not a rule which controls this situation. In other words, you can label your exhibits whatever you choose. However, the best practice is to remain in the same range. So, if you are now at 146, but you did not actually turn over 125, 126, etc (because no need to since they are copies of statutes), you will still want to start at 146 and continue onward. It will be better this way.

In regard to your SJ exhibit issue, you are exactly right. You would file a Notice of Errata and correct the labeling issue.
Customer: replied 3 years ago.

Would I need to file a relabeled exhibit and a corrected Statement of facts with the Notice of Errata or simply state the error and correction in the notice?

There's no requirement to refile the exhibit with the correct label for the correction to be effective, but it certainly is not a bad idea.
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