basis for exemption immunity (Texas) · Go Syfert
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basis for exemption immunity in Texas

5 Texas opinions name it 2 courts 1991–2021 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
State v. Lowrygreen
tex · 1991 · cited in 4 Texas opinions naming this issue, 1991–2021
2 sentences

2021“The party resisting discovery bears the burden of proving any applicable privilege.” Huie v. DeShazo, 922 S.W.2d 920, 926 (Tex. 1996) (citing Lowry, 802 S.W.2d at 671 ); Lowry, 802 S.W.2d at 671 (“The burden is on the party seeking to avoid discovery to plead the basis for exemption or immunity and to produce evidence supporting that claim.”) (emphasis added).

2021App. P. 52.7(a)(1) (relator must file with petition “a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”)); see also In re CI Host, Inc., 92 S.W.3d 514, 516-17 (Tex. 2002) (orig. proceeding) (concluding the trial court did not abuse its discretion by ordering production of information based on the record because the relator “failed to meet its burden under the discovery rules”); Lowry, 802 S.W.2d at 671 (“The burden is on the party seeking to avoid discovery to plead the basis for exemption or immunity

44
Jordan v. Honorable Court of Appeals for the Fourth Supreme Judicial Districtgreen
tex · 1985 · cited in 2 Texas opinions naming this issue, 1991–1991
2 sentences

1991State v. Lowry, 802 S.W.2d 669, 671 (Tex.1991); Jordan v. Court of Appeals for the Fourth Supreme Judicial District, 701 S.W.2d 644, 648-49 (Tex.1985); Tex.R.Civ.P. 166b(4).

1991State v. Lowry, 802 S.W.2d 669, 671 (Tex.1991); Jordan, 701 S.W.2d at 648-49 ; Tex.R.Civ.P. 166b(4).

12
In re Cl Host, Inc.green
tex · 2002 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021App. P. 52.7(a)(1) (relator must file with petition “a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”)); see also In re CI Host, Inc., 92 S.W.3d 514, 516-17 (Tex. 2002) (orig. proceeding) (concluding the trial court did not abuse its discretion by ordering production of information based on the record because the relator “failed to meet its burden under the discovery rules”); Lowry, 802 S.W.2d at 671 (“The burden is on the party seeking to avoid discovery to plead the basis for exemption or immunity

11
In re Grecon, Inc.green
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“This means that a party should provide evidence to the trial court in the form of affidavits or testimony to establish the claimed privilege[.]” Id.; In re GreCon, Inc., 542 S.W.3d 774, 780 (Tex. App.—Houston [14th Dist.] 2018, orig. proceeding) (citations omitted); Salazar v. Coastal Corp., 928 S.W.2d 162, 172 (Tex. App.—Houston [14th Dist.] 1996, no writ) (“The objecting party should provide evidence to the trial court in the form of affidavits or testimony establishing the claimed privilege.”) (citing Lowry, 802 S.W.2d at 671 ).

11
Salazar v. Coastal Corp.green
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“This means that a party should provide evidence to the trial court in the form of affidavits or testimony to establish the claimed privilege[.]” Id.; In re GreCon, Inc., 542 S.W.3d 774, 780 (Tex. App.—Houston [14th Dist.] 2018, orig. proceeding) (citations omitted); Salazar v. Coastal Corp., 928 S.W.2d 162, 172 (Tex. App.—Houston [14th Dist.] 1996, no writ) (“The objecting party should provide evidence to the trial court in the form of affidavits or testimony establishing the claimed privilege.”) (citing Lowry, 802 S.W.2d at 671 ).

11
Huie v. DeShazogreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“The party resisting discovery bears the burden of proving any applicable privilege.” Huie v. DeShazo, 922 S.W.2d 920, 926 (Tex. 1996) (citing Lowry, 802 S.W.2d at 671 ); Lowry, 802 S.W.2d at 671 (“The burden is on the party seeking to avoid discovery to plead the basis for exemption or immunity and to produce evidence supporting that claim.”) (emphasis added).

11
Collier Services Corp. v. Salinasgreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994State v. Lowry, 802 S.W.2d 669, 671 (Tex.1991); Collier Services Corp. v. Salinas, 812 S.W.2d 372, 376 (Tex.App.—Corpus Christi 1991, orig. proceeding); Tex.R.Civ.P. 166b(4).

11
Loftin v. Martingreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991Tex.R.Civ.P. 166b(4); see also Loftin v. Martin, 776 S.W.2d 145, 147 (Tex.1989, orig. proceeding).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

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