What is a subpoena?

A Subpoena is the method by which a person is required or “compelled” to attend an official court proceeding. Under the Texas Rules of Civil Procedure the witness can be “commanded” to appear for a deposition, hearing or trial. However, in Texas, the Subpoena may not compel the witness to travel in excess of 150 miles from where the person resides or where the person is served. Texas also allows for the service of a Notice of Deposition when the witness is a “party” to the lawsuit (usually Plaintiff, Defendant, or Petitioner or Respondent in a family case), and, when served on the party or attorney, it has the same function as a subpoena. Sometimes the party issuing the Subpoena will also request that the witness bring documents with them to the Court hearing or deposition and this is usually called a Subpoena Duces Tecum. If the witness ignores the Subpoena, then the party who compelled the witness to attend may request a Writ of Attachment, to have the Sheriff or Constable bring the witness to Court, forcibly if necessary. Alternatively, if the witness refuses to appear, the party issuing the Subpoena may file a Motion requesting that the witness be held in contempt of court. If the witness has a valid excuse, or if the Subpoena causes undue expense or burden, then the witness may file a “Motion to Quash” the subpoena or a Motion for a Protective Order.

My opponent breached my contract, they have to pay my attorneys' fees, correct?

In a breach of contract, the breaching party may be ordered by the court to pay reasonable and necessary attorneys' fees if it meets the requirements of Texas Civil Practice and Remedies (CPRC) Section 38.001. It should be noted that a party that does not have the ability to pay may also not have the ability to pay attorneys' fees, so it may be advised to not consider it an "absolute" that you, as the victorious party to a breach of contract case, will automatically be able to get the attorneys' fees back, even if it is authorized by the court. It should be noted that in other cases, unless authorized by statute, prevailing litigants are not entitled to attorneys' fees unless authorized by statute, so it is important to discuss these issues with your attorney when the decision is made to begin litigation proceedings if you are unsure.

What is an "ex parte" communication?

Ex parte communications with the judge are those that involve fewer than all of the parties. Except in limited circumstances, a judge cannot directly or indirectly initiate, permit or consider ex parte or other private communications concerning the merits of a apending or impending judicial proceeding and may be grounds for recusal by the judge.

What is a 'discovery control plan' under Texas law?

In the first numbered paragraph of its petition, the plaintiff in a suit must allege a selection of an intended discovery control plan under Texas Rules of Civil Procedure 190. These were rules promulgated to discourage some previously existing perceived discovery abuses. There are three distinct discovery control plans that generally relate to the amounts in controversy in the dispute. Level 1 is for all cases under $50,000 in an amount in controversy, Level 2 is for cases over $50,000 and Level 3 is for a situation where the court needs to order a specific discovery control order due to the particularities of the case. Each discovery control plan has an effect on the speed at which certain discovery needs to be conducted so it should be discussed with your attorney at the outset of the case if discovery is going to be time consuming or have special considerations.