(f) The counteraffidavit must give reasonable notice of the basis on which the party serving it intends at trial to controvert the claim reflected by the initial affidavit and must be taken before a person authorized to administer oaths. (a) Signature required. 0000049836 00000 n
The counteraffidavit must be made by a person who is qualified, by knowledge, skill, experience, training, education, or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit. A party is not required to take any action with respect to a request or notice that is not signed. Telephone: 409-240-9766 *HFKt.-: A#yv7:lq|e7u]U1
lJ5WH%1y%(sD'QT-p&I0Dr%g0[ =G;+oB43LI 2. Under a 1949 amendment to 28 U.S.C., 2072, the Chief Justice of If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, notice, response, or objection. 0000001720 00000 n
197.3 Use. Before me, the undersigned authority, personally appeared __________, who, being by me duly sworn, deposed as follows: My name is ___________________________________. 1. 1, eff. 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. E-mail: info@silblawfirm.com, San Antonio Office Requests for Admission must be in writing, and each request has to be listed separately in the document. (a) In a dispute between the State of Texas and an upland owner of property fronting on the Gulf of Mexico and the arms of the Gulf of Mexico within the boundaries of the State of Texas, the maps, surveys, and property descriptions filed in the General Land Office in connection with any conveyance by the state or any predecessor government by patent, deed, lease, or other authorized forms of grant shall be presumed to accurately depict the boundary between adjacent upland owners and the state-owned submerged lands. /Filter /JBIG2Decode
959, Sec. (d-1) Notwithstanding Subsection (d), if services are provided for the first time by a provider after the date the defendant files an answer, the party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit for services provided by that provider on each other party to the case by the earlier of: (1) the date the offering party must designate any expert witness under a court order; or. Request for Motion for Entry Upon Property Acts 2019, 86th Leg., R.S., Ch. [3c0g8qS eg63^fTdX`pa_`4``2c` g )p
AFFIDAVIT CONCERNING COST AND NECESSITY OF SERVICES. Response to Interrogatories (2021) TEXT (a) Time for response. If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. (b) In this section, "communication" means: (3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories, except that a defendant served with interrogatories before the defendant's answer is due need not respond until 50 days after service of the interrogatories. Any admission made by a party under this rule may be used solely in the pending action and not in any other proceeding. (3) is offered to prove liability of the communicator in relation to the individual. %PDF-1.6
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Sept. 1, 1987. (a) Except as provided by Subsection (b), an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law. See Loftin v.Martin, 776 S.W.2d 145 (Tex. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. 0000006404 00000 n
The rules listed below are the most current version approved by the Supreme Court of Texas. STATE LAND RECORDS. 108 Wild Basin Rd. A responding party must sign the answers under oath except that: (1) when answers are based on information obtained from other persons, the party may so state, and. (1) be taken before an officer with authority to administer oaths; (2) be made by: (A) the person who provided the service; or (B) the person in charge of records showing the service provided and charge made; and (3) include an itemized statement of the service and charge. (d-2) The party offering the affidavit in evidence or the party's attorney must file notice with the clerk of the court when serving the affidavit that the party or the attorney served a copy of the affidavit in accordance with this section. startxref
1. Houston, TX 77018 As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual claims and defenses but may not be used to force a party to marshal evidence. Interrogatories are written questions which focus on any information relevant to the case. 41$@ Z
Complaints that a local rule, form, or standing order conflicts with other laws or rules, is ineffective, or is unfair or unduly burdensome may be presented first in writing to the presiding judge of the administrative judicial region in which the court is located, then in writing to the Supreme Court of Texas at rulescomments@txcourts.gov. June 18, 2005. The signature of an attorney or party on a disclosure constitutes a certification that to the best of the signer's knowledge, information, and belief, fanned after a reasonable inquiry, the disclosure is complete and correct as of the time it is made. "Side" refers to all the litigants with generally common interests in the litigation. A party who objects to production of documents from a remote time period should produce documents from a more recent period unless that production would be burdensome and duplicative should the objection be overruled. 0000003145 00000 n
The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. Sept. 1, 2003. Altered expert designations under Rule 195 %PDF-1.4
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xb```"SVs eah`\v&.&Xp}a4m9ursq`+Tb>q#k!)v;ji"l/&-|y5K#&FXvMLs-}/8Lb# Fax: 512-318-2462 If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. 197.1 Interrogatories. Sept. 1, 1999. However, the rule does not prohibit a party from specifically requesting the material or information if the party has a good faith basis for asserting that it is discoverable. 98-9136, dated August 4, 1998, 61 Tex. Subpoenas. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. Rule Last Amended Texas Rules of Civil Procedure February 1, 2023 Texas Rules of Appellate Procedure February 1, 2023 Texas Rules of Evidence June 1, 2020 (c) In this section, "traffic control device" includes a control light, stop sign, and one-way street sign. 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. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. J. The ten-day period (which may be shortened by the court) allowed for an amended response does not run from the production of the material or information but from the party's first awareness of the mistake. (e) A party intending to controvert a claim reflected by the affidavit must serve a copy of the counteraffidavit on each other party or the party's attorney of record by the earlier of: (1) 120 days after the date the defendant files its answer; (2) the date the party offering the counteraffidavit must designate expert witnesses under a court order; or. 1, eff. Part III - Rules of Procedure for the Courts of Appeals ( 352 473) Part IV - Rules of Practice for the Supreme Court ( 474 518) Part V - Rules of Practice in Justice Courts ( 523 510.13) Part VI - Rules Relating to Ancillary Proceedings ( 592 734) Part VII - Rules Relating to Special Proceedings ( 735 813) 491 0 obj
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1. These new rules attempt to broaden the applicability of expedited action procedures, with the expressed attempt of lowering discovery costs for such lawsuits. The latter two are easy enough to decipher as a lay person. ", 3. Fax: 713-255-4426 The only duty to supplement deposition testimony is provided in Rule 195.6. 1. In civil litigation, discovery refers to the process where parties in a lawsuit exchange relevant facts and information about a case. 1379), Sec. The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. Request for Motion for Entry Upon Property, Request for Motion for Entry Upon Property in Texas, Civil Suits Arising From Criminal Violations in Texas, Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan, Caring for Your Home When Your Co-Owner is an Absentee, Landlord Liability For Breach of Lease in Texas. R. CIV. ?_.|q6ypYUz+Pzq>!4
L1g-^j,hkTeH,XaTfUg+]7+Vi~nuRq4M? Telephone: 214-307-2840 endstream
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Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. CERTAIN INFORMATION RELATING TO IDENTITY THEFT. COMMUNICATIONS OF SYMPATHY. The revisions to the Texas Rules of Civil Procedure promulgated by Order in Misc. The topics are listed below: Initial Disclosures (e-1) Notwithstanding Subsection (e), if the party offering the affidavit in evidence serves a copy of the affidavit under Subsection (d-1), the party offering the counteraffidavit in evidence or the party's attorney must serve a copy of the counteraffidavit on each other party to the case by the later of: (1) 30 days after service of the affidavit on the party offering the counteraffidavit in evidence; (2) the date the party offering the counteraffidavit must designate any expert witness under a court order; or. 802 18.032. This rule expressly states the obligation of parties and their attorneys to cooperate in conducting discovery, and to conduct discovery only as permitted by the rules. Trial courts cannot simply "opt out" of these rules by form orders or approve or order a discovery control plan that does not contain specified matters, including a trial date and deadline for the joinder of parties. (a) Time for response. 204, Sec. (i) Notwithstanding Subsections (d), (d-1), (d-2), (e), (e-1), (g), and (h), a deadline under this section may be altered by all parties to an action by agreement or with leave of the court. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. trailer
(b) An affidavit concerning cost and necessity of services by the person who is in charge of records showing the service provided and the charge made is sufficient if it follows the following form: Before me, the undersigned authority, personally appeared ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed as follows: I am the person in charge of records of __________(PERSON WHO PROVIDED THE SERVICE)__________. If it is confirmed to be necessary, the court can rule that it be required. Every disclosure, discovery request, notice, response, and Objection must be signed: (1) by an attorney, if the party is represented by an attorney, and must show the attorney's State Bar of Texas identification number, address, telephone number, and fax number, if any; or. (1) when answers are based on information obtained from other persons, the party may so state, and (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. Production of Documents Self-Authenticating (1999). Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. 0000005069 00000 n
The rules listed below are the most current version approved by the Supreme Court of Texas. 2. 1992), to the extent the two conflict. (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. %
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Acts 1985, 69th Leg., ch. 752 (Sept. 1998), and Rule 215 are modified to reflect public comments and are adopted as attached. 1, eff. Jan. 1, 1999. The following sentence is added to the end of Rule 193.4(b): "A party need not request a ruling on that party's own objection or assertion of privilege to preserve the objection or privilege. Sec. (a) Except as provided by Subsection (b), a business record is not admissible in a civil action if the business record is provided to law enforcement personnel in connection with an investigation of an alleged violation of Section 32.51, Penal Code (fraudulent use or possession of identifying information). (c) Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator. Effective January 1, 2021, the Texas Supreme Court has made significant amendments to the Texas Rules of Civil Procedure. See Tex. prescribe general rules of civil procedure for the district courts. (d) The party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit on each other party to the case by the earlier of: (1) 90 days after the date the defendant files an answer; (2) the date the offering party must designate any expert witness under a court order; or. 1, eff. A trial court may also order this procedure. The self-authenticating provision is new. I am a custodian of records for __________. A party may serve on another party - no later than 30 days before the end of the discovery period - written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. Fax: 210-801-9661 (c) Effect of signature on discovery request, notice, response, or objection. PREPARATION AND SERVICE. A court can issue a temporary order requiring both spouses to prepare and file a separate sworn inventory and appraisement. Code of Civil Procedure 607a provides: "In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury . A matter admitted under this rule is conclusively established as to the party making the admission unless the court permits the party to withdraw or amend the admission. TRAFFIC CONTROL DEVICE PRESUMED TO BE LAWFUL. Any other rule in the Texas Rules of Civil Procedure shall not govern the justice courts except: (a) to the extent the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties; or, (b) where otherwise specifically provided by . This rule preserves the ability of parties by agreement and trial courts by order to adapt discovery to different circumstances. (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. 3.04(a), eff. Kathmandu is the nation's capital and the country's largest metropolitan city. September 1, 2003. 6*:K!#;Z$P"N" DzIb A response must include the party's answers to the interrogatories and may include objections and assertions of privilege as required under these rules. 1, eff. 18.002. The records are the original or an exact duplicate of the original. A response must include the party's answers to the interrogatories and may include objections and assertions of privilege as required under these rules. s"*JISBHQDa p" S"! Back to Main Page / Back to List of Rules, Rule 191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections (Aug. 1998). The requirement that discovery requests, notices, responses, and objections be signed also applies to documents used to satisfy the purposes of such instruments.
Sec. A responding party - not an agent or attorney as otherwise permitted by Rule 14 -must sign the answers under oath except that:". (b) Unless a controverting affidavit is served as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary. Added by Acts 2005, 79th Leg., Ch. This rule governs the presentation of all privileges including work product. Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. (3) include an itemized statement of the service and charge. /Subtype /Image
SWORN TO AND SUBSCRIBED before me on the __________ day of _____, _____. Exact wording of existing Rule: Rule 197. Unless the interest rate of another state or country is alleged and proved, the rate is presumed to be the same as that established by law in this state and interest at that rate may be recovered without allegation or proof. Depending on the discovery level in the case, litigants may request as many as 25 interrogatories. An itemized statement of the service and the charge for the service is attached to this affidavit and is a part of this affidavit. HN@Htqtj0J|}g2sRR 7 (c) This presumption may be overcome only on a showing of clear and convincing evidence that the boundary as described and depicted in the archives of the General Land Office is erroneous. Below is Rule 197, which details the guidelines and procedures for making and responding to interrogatories: 197.1 Interrogatories. 1. Rule 193.4(c) is modified as follows: "Use of material or information withheld under claim of privilege. The Australian Embassy is open from 08:30 - 16:30 Monday to Friday. 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. (2)a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. R. Evid. (e) Sanctions. , , A $ $b6)M Hj@z h:iM S(Y("KHjp_#yMB98,=8*oL?4MZ =g8~S'b2Go96K c0x9B)$SoP~k +4m5h14f9iNfm_
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u9DA%}4T>:{,)7lhahMwP?h]lrOvpL?oz88(4P&u^E;uC~'pmC]z5NqG`. (2) a party that served a counteraffidavit under Subsection (e) or (e-1) may supplement the counteraffidavit on or before the 30th day before the date the trial commences. Added by Acts 1995, 74th Leg., ch. o})Lle,S]&s*giBi $^gr@,4O\UDiaDr'Y{ :U8b nzL1$[ t.7crYo{W8j%X{OBp !gRqJ*J#/&CaXI;:X#84( endstream
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18.033. Rule 197.2(d) is modified as follows: "Verification required; exceptions. 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. An objection must be either on the record or in writing and must have a good faith factual and legal basis. The signature of an attorney or party on a discovery request, notice, response, or objection constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after a reasonable inquiry, the request, notice, response, or objection is: (1) consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. The information contained in the records was transmitted to me in the regular course of business by __________(PERSON WHO PROVIDED THE SERVICE)__________ or an employee or representative of __________(PERSON WHO PROVIDED THE SERVICE)__________ who had personal knowledge of the information. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. This rule imposes no duty to supplement or amend deposition testimony. Sec. 1989). 3. (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. If the certification is false without substantial justification, the court may, upon motion or its own initiative, impose on the person who made the certification, or the party on whose behalf the request, notice, response, or objection was made, or both, an appropriate sanction as for a frivolous pleading or motion under chapter 10 of the Civil Practice and Remedies Code. } B.,n6L]66_RRcbH+4\6Z8Z1m 1K*5|XR-No6;\9E8|z@?o+$MG
|_)OhsjWn X A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195.
248, Sec. The attached records are kept by me in the regular course of business.
Litigants should avoid overly broad questions, questions addressed in other parts of discovery, or questions with answers available from other resources. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; 5. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. texas rules of civil procedure part i - general rules rule 1. objective of rules rule 2. scope of rules Jan. 1, 1999. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. T+eh*NyJ]IA:6;7;vug;mVtM)o^A)*saDR`Y4rsi4-CRlj~ '! The Office of Court Administrations Local Rules, Forms, and Standing Orders website holds searchable local rules, forms, and standing orders. Telephone: 361-480-0333 1. In individual instances, courts may order, or parties may agree, to use discovery methods other than those prescribed in these rules if appropriate. Sept. 1, 1985. 560 (S.B. Back to Main Page / Back to List of Rules, Rule 193.7. 0
!QHn The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. %3.3
Texas Rules of Civil Procedure 198 governs requests for admissions. Access Texas court rules online. 33 of the Family Code, https://www.txcourts.gov/organizations/policy-funding/administrative-judicial-regions/, Uniform Format Manual for Texas Reporters' Records, Texas Records and Information Locator (TRAIL). This website was created in response to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10, which require (effective January 1, 2023) that courts post their local rules, forms, and standing orders to this website to be effective. Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control. 901(a). Beaumont, TX 77706 The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session. Texas Court Rules: History and Process - Excerpted from Nathan L. Hecht & E. Lee Parsley, Procedural Reform: Whence and Whither (Sept. 1997), updated by Robert H. Pemberton (Nov. 1998), How Texas Court Rules Are Made - By Nathan L. Hecht, Martha G. Newton, and Kennon L. Wooten (May 2016). 15. S., Ste. ,B?t,'*~
VJ{Awe0W7faNH >dO js The attached records are a part of this affidavit. 679), Sec. Sec. written interrogatories."). (3) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure. The ten-day period allowed for objection to authenticity (which period may be altered by the court in appropriate circumstances) does not run from the production of the material or information but from the party's actual awareness that the document will be used. H|Ao G`7rk"JzRV>{7,\7q-/Ri$( 7(O/
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In comment 5 to Rule 193, the reference to Rule 195.6(b) is changed to Rule 195.6. Acts 2013, 83rd Leg., R.S., Ch. 0000002798 00000 n
Rule 197.2(d) is modified as follows: "Verification required; exceptions. (a) Notwithstanding any other law, if any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, evidence to prove the loss must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law. Dallas, TX 75252 468 0 obj
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673, Sec. HR&c?5~{5ky\g} (a) Time for response. 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. 0 Subject to any objections stated in the response, the responding party must produce the requested documents or tangible things within the person's possession, custody or control at either the time and place requested or the time and place stated in the response, unless otherwise agreed by the parties or ordered by the court, and must provide the Attached to this affidavit are records that provide an itemized statement of the service and the charge for the service that __________ provided to __________ on _____. Requests that are made by you or to you asking to admit or deny facts that relate to the case. com : This website provides general address, phone and email information of foreign consulates located in Houston Texas. In Texas, the Rules of Civil Procedure only allow attorneys to object on 3 grounds: form, non-responsive answer, or leading. Admissions A party may not use - at any hearing or trial - material or information withheld from discovery under a claim of privilege, including a claim sustained by the court, without timely amending or supplementing the party's response to that discovery.". An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses, but interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial. >>
The records are the original or a duplicate of the original. (2) by the party, if the party is not represented by an attorney, and must show the party's address, telephone number, and fax number, if any. 0000058841 00000 n
1059 (H.B. 4320 Calder Ave. 2. (g) The party offering the counteraffidavit in evidence or the party's attorney must file written notice with the clerk of the court when serving the counteraffidavit that the party or attorney served a copy of the counteraffidavit in accordance with this section. %%EOF
Telephone: 713-255-4422 Depositions <<
Sec. Court proceedings in Texas follow the rules and standards set forth by the Texas Supreme Court. hb```~Vw!b`0p;$PSA+QmxYdP9M>~w Q8|(S9{;CGn`Y[@\J10%M[0v4040t0(w40u0t
HE, B$'_ - FOREIGN INTEREST RATE. View Local Rules, Forms & Standing Orders, 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, Statewide Rules Governing Electronic Filing in Criminal Cases, Judicial Branch Certification Commission Rules, Texas Disciplinary Rules of Professional Conduct, Judicial BypassRules under Ch.