Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

If under level 2 rule 190 of discovery in a Texas divorce,

Customer Question
and trial or temp orders...
If under level 2 rule 190 of discovery in a Texas divorce, and trial or temp orders are set sooner than 30 days out, does that preclude discovery?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
4/18/2016
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,460
Experience: 30 years in civil, probate, real estate, elder law
Verified
Hi and welcome to JA. Ray here to help you .Here the temporary orders can be set sooner than 30 days but not the trial if you want to conduct discovery.You would want to have the court push back the trial date here so there is time to complete discovery.A motion for continuance would be proper stating need for discovery as the basis for continuance and should be granted by the court. 190.1 Discovery Control Plan Required. Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.190.2 Discovery Control Plan - Suits Involving $50,000 or Less (Level 1).(a) Application. This subdivision applies to:(1) any suit in which all plaintiffs affirmatively plead that they seek only monetary relief aggregating $50,000 or less, excluding costs, pre­judgment interest and attorneys' fees, and(2) any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $50,000.(b) Exceptions. This subdivision does not apply if:(1) the parties agree that Rule 190.3 should apply;(2) the court orders a discovery control plan under Rule 190.4; or(3) any party files a pleading or an amended or sup­plemental pleading that seeks relief other than that to which this subdivision applies.A pleading, amended pleading (including trial amendment), or supplemental pleading that renders this subdivision no longer applicable may not be filed without leave of court less than 45 days before the date set for trial. Leave may be granted only if good cause for filing the pleading outweighs any prejudice to an opposing party.(c) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and to the follow­ing additional limitations:(1) Discovery period. All discovery must be con­ducted during the discovery period, which begins when the suit is filed and continues until 30 days before the date set for trial.(2) Total time for oral depositions. Each party may have no more than six hours in total to examine and cross-examine all witnesses in oral depositions. The parties may agree to expand this limit up to ten hours in total, but not more except by court order. The court may modify the deposition hours so that no party is given unfair advantage.(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.(d) Reopening discovery. When the filing of a pleading or an amended or supplemental pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if nec­essary to permit completion of discovery. I appreciate the chance to help you today.Thanks again.
Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 1 year ago
Also note there is a minimum waiting period.. Texas Divorce Process. In Texas, divorce is begun by one spouse filing a Petition. There is a 60-day waiting period, so spouses cannot complete their divorce until at least 60 days have elapsed since the petition was filed.
Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 1 year ago
If you can positive rate it is always much appreciated.
Ask Your Own Legal Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,460
44,460 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I got a NYCstorage parking violation. It says This vechile
I got a NYC*****storage parking violation. It says This vechile is in violation of NYC*****storage parking violation. Your vechile is subject to summons and towed if it is not moved after being served… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Question re employment contact in USA OH. The matter is
the matter is regarding my son from Australia who has been emplyed on minimum 2yrs contract by large corporation in OH and they don't keep their end of the bargain as ststed per employment cotract/promise… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is needed to answer a civil action against me. In the
What is needed to answer a civil action against me … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
In Texas is it legal or ethical to give out a list of
In Texas is it legal or ethical to give out a list of members in an association to another member in the association if they ask for it? Without the permission of all the other members? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
FOR LAW EDUCATOR, ESQ.: I am in the process of preparing
FOR LAW EDUCATOR, ESQ.:I am in the process of preparing dismissal pursuant to NY RPAPL 1301(4) based upon the attached PDF document in a 2008 NY State Supreme Court DISPOSED and now revived matter alo… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Had sex with lady 2011 she said baby was mine told her let's
Had sex with lady 2011 she said baby was mine told her let's do DNA test to if it was mine . Instead she went apply for welfare 2018 I get a letter saying I'm the father never took DNA should I get An… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
What is needed for an inmate in Holliday Unit prision to
What is needed for an inmate in Holliday Unit prision to become a trustee? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I recently settled a personal injury case in Maryland. Prior
I recently settled a personal injury case in Maryland. Prior to settlement I was able to reduce my client's medical bills. One of the providers now wants information concerning the settlement. I have … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I would appreciate help with attaining a US - FTC Complaint
ok - I would appreciate help with attaining a US - FTC Complaint Form. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I would like to know if I could sue a Rhuematologist for
Hello, I would like to know if I could sue a Rhuematologist for discrimination and emotional distress, and because of it I ended up in the hospital? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If someone wants to file suit against a former attorney for
If someone wants to file suit against a former attorney for malpractice what does the iowa code require to file a malpractice suit against an attorney?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am trying to find out in after receiving a request for
I am trying to find out in after receiving a request for Admissions am I required to sign (verify) the document if the request is full of misleading allegations? … read more
Bill Attorney
Bill Attorney
law
1,582 satisfied customers
Looking for simple language for mediation clause. TX
Looking for simple language for mediation clause JA: What state are you in? It matters because laws vary by location. Customer: TX JA: Has anything been filed or reported? Customer: no JA: Anything el… read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
Can I have a drink once diversion ends? Like is there a way
Can I have a drink once diversion ends ? Like is there a way they can call me to come test once it ends ?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was awarded personal property in my final divorce in
I was awarded personal property in my final divorce in Catoosa County, Georgia, with 30 days to retrieve it. However, my ex-wife will not allow me on the property. I have taken an officer and he indic… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
It's kind of a story, but I just found out a former business
It's kind of a long story, but I just found out a former business partner has been secretly selling stuff that I own. It was in a shop we used to own together and I separated from the business partner… read more
DrakeLAW
DrakeLAW
Juris Doctorate
965 satisfied customers
For lawyer 2: After I hopefully win small claims court for
For lawyer 2:After I hopefully win small claims court for 10,000 to get the repairs done I wish to Sue the realtor for lies that he told me and I kept the emails and the text of the lies. Things like … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I ask a question about my husband that passed away this past
I ask a question about my husband that passed away this past June. I have an answer from someone so I typed in what I was told to do and this is where I was sent. I don't see an answer. Please can you… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x