No default judgment shall be granted in any cause until the citation, with the officer's return thereon, shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment. Source: Arts. 2034, 2036.
Rule 199.2(b)(5) incorporates the procedures and limitations applicable to requests for production or inspection under Rule 196, including the 30-day deadline for responses, as well as the procedures and duties imposed by Rule 193.
--In Part V of these Rules of Civil Procedure: (a)"Answer" is the written response that a party who is sued must file with the court after being served with a citation. (b)"Citation" is the court-issued document required to be served upon a party to inform the party that it has been sued.
The rules of evidence are hardly ever applied in arbitration (except as to priv- ilege and settlement offers). Thus, near- ly all the evidence that any party wishes to present will be received “for what it's worth,” so fighting over admissibility is a fool's errand.
(5) Timely Filing. Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court's time zone) on the filing deadline.
Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the attorney's or party's last known address or, if no address is known, by leaving it with the clerk of the court.
Rule 500.4 Parties who represent themselves in the Justice Court are required to follow Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts and the Texas Rules of Evidence if required to do so.
The fact that formal rules of evidence do not apply in arbitration (unless the parties expressly mandate it, which is rare) little deters the transplanted trial lawyer.” Alfred G.
Most arbitrators and academics have long understood that, absent terms to the contrary in the agreement providing for arbitration, the traditional rules of evidence do not apply, and certainly do not strictly apply, in arbitration.
Explanation: In an arbitration, the rules of evidence generally tend to be more relaxed when compared to a court trial. This more flexible approach is due to the fact that arbitration is intended to be a more efficient and accessible method of resolving disputes, as opposed to the formalities of court processes.