Rules UpdatePractitioners need to be aware of numerous changes to the Texas Rules of Civil Procedure that took effect January 1, 2014. Also below is information about proposed, significant changes to the Federal system.Texas Changes1. Three Day Rules: The 3 day grace period that used to be added when calendaring the due date for discovery applies only to mailed copies. It does not apply to fax, Fed Ex or other service.2. Service by Email and Commercial Delivery Service: New Rule 21a allows parties to serve documents by email and commercial delivery service (e.g., FedEx and UPS). Documents served by commercial delivery service are deemed served upon deposit with the delivery service. The Rule does not address when service by email is complete.
3. E-Filing: Email Addresses must be added to the Signature Block for all documents which are e-filed. Rules 21(f)(2).
4. Redaction Rules: Sensitive Data is to be redacted prior to filing unless the data is required by statute (i.e., information such as home addresses, birth dates, etc. should be redacted). Rule 21.
Federal Proposed Changes
Extensive changes are proposed to the Federal Rules, Bankruptcy Rules and forms. Key proposed changes to Rules 37 and 26 impact the scope of discovery and spoliation. Download a full set of the proposed changes. The comment period on Federal Rule changes ends February 15, 2014.
If you have any questions please feel free to contact Hayes Fuller or myself at the email addresses below.
Sincerely,
Pat Long Weaver, Co-Chair
Legislative Committee
Litigation Section
State Bar of Texas
Hayes Fuller, Co-Chair
Legislative Committee
Litigation Section
State Bar of Texas
