automatic exclusion rule (Texas) · Go Syfert
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automatic exclusion rule in Texas

9 Texas opinions name it 1 courts 1991–2015 0 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 (7)

CaseFollowedCited
Morrow v. H.E.B., Inc.green
tex · 1986 · cited in 5 Texas opinions naming this issue, 1991–2010
2 sentences

2010Chaney, Inc. , 56 S.W.3d 920, 924 (Tex. App.—Fort Worth 2001, pet. denied) (reversing case because trial court failed to apply the automatic exclusion of rule 193.6 even when no attempt was made to show good cause, lack of surprise, or prejudice by non-answering party); see also Morrow v. H.E.B., Inc. , 714 S.W.2d 297 , 297–98 (Tex. 1986) (analyzing former rule).

2010Chaney, Inc., 56 S.W.3d 920, 924 (Tex. App.—Fort Worth 2001, pet. denied) (reversing case because trial court failed to apply the automatic exclusion of rule 193.6 even when no attempt was made to show good cause, lack of surprise, or prejudice by non- answering party); see also Morrow v. H.E.B., Inc., 714 S.W.2d 297 , 297–98 (Tex. 1986) (analyzing former rule).

35
Beam v. A.H. Chaney, Inc.green
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010Chaney, Inc. , 56 S.W.3d 920, 924 (Tex. App.—Fort Worth 2001, pet. denied) (reversing case because trial court failed to apply the automatic exclusion of rule 193.6 even when no attempt was made to show good cause, lack of surprise, or prejudice by non-answering party); see also Morrow v. H.E.B., Inc. , 714 S.W.2d 297 , 297–98 (Tex. 1986) (analyzing former rule).

2010Chaney, Inc., 56 S.W.3d 920, 924 (Tex. App.—Fort Worth 2001, pet. denied) (reversing case because trial court failed to apply the automatic exclusion of rule 193.6 even when no attempt was made to show good cause, lack of surprise, or prejudice by non- answering party); see also Morrow v. H.E.B., Inc., 714 S.W.2d 297 , 297–98 (Tex. 1986) (analyzing former rule).

22
Boothe v. Hauslergreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994See Boothe v. Hausler , 766 S.W.2d 788, 789 (Tex. 1989) (describing rule 215(5) as a "strict rule" which only a showing of good cause can overcome); Morrow , 714 S.W.2d at 297-98 (asserting that a finding of good cause is the only manner in which the automatic exclusion under rule 215(5) can be avoided); Johnson v. Berg , 848 S.W.2d 345, 350 (Tex. App.--Amarillo 1993, no writ) ("The trial court has discretion to determine whether the offering party has met his burden of showing good cause to admit the testimony, but it has no discretion to admit testimony excluded by the rule without a showing

11
Johnson v. Berggreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994See Boothe v. Hausler , 766 S.W.2d 788, 789 (Tex. 1989) (describing rule 215(5) as a "strict rule" which only a showing of good cause can overcome); Morrow , 714 S.W.2d at 297-98 (asserting that a finding of good cause is the only manner in which the automatic exclusion under rule 215(5) can be avoided); Johnson v. Berg , 848 S.W.2d 345, 350 (Tex. App.--Amarillo 1993, no writ) ("The trial court has discretion to determine whether the offering party has met his burden of showing good cause to admit the testimony, but it has no discretion to admit testimony excluded by the rule without a showing

11
Henry S. Miller Co. v. Bynumgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994Smith v. Southwest Feed Yards, 835 S.W.2d 89, 90 (Tex.1992); Rogers v. Stell, 835 S.W.2d 100, 101 (Tex.1992); Henry S. Miller Company v. Bynum, 836 S.W.2d 160, 162 (Tex.1992).

11
Rogers v. Stellgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994Smith v. Southwest Feed Yards, 835 S.W.2d 89, 90 (Tex.1992); Rogers v. Stell, 835 S.W.2d 100, 101 (Tex.1992); Henry S. Miller Company v. Bynum, 836 S.W.2d 160, 162 (Tex.1992).

11
Smith v. Southwest Feed Yardsgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994Smith v. Southwest Feed Yards, 835 S.W.2d 89, 90 (Tex.1992); Rogers v. Stell, 835 S.W.2d 100, 101 (Tex.1992); Henry S. Miller Company v. Bynum, 836 S.W.2d 160, 162 (Tex.1992).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
H.B. Zachry Co. v. Gonzalez green
tex · 1993
2 sentences

1995Id.

1993Id.

21993–1995
Vingcard A.S. v. Merrimac Hospitality Systems, Inc. green
texapp · 2001
1 sentence

2015The failure to respond to a request for the mental impressions and opinions of the expert is a complete failure to respond, which triggers the automatic exclusion under rule 193.6. $27,877, 331 S.W.3d at 120 ; VingCard, A.S., 59 S.W.3d at 856 .

12015–2015
$27,877.00 Current Money of the United States green
texapp · 2010
1 sentence

2015The failure to respond to a request for the mental impressions and opinions of the expert is a complete failure to respond, which triggers the automatic exclusion under rule 193.6. $27,877, 331 S.W.3d at 120 ; VingCard, A.S., 59 S.W.3d at 856 .

12015–2015
Pope v. Davidson green
texapp · 1993
1 sentence

1995Pope, 849 S.W.2d at 919 ; Reveo, 873 S.W.2d at 396 .

11995–1995
Revco, D.S., Inc. v. Cooper green
texapp · 1994
1 sentence

1995Pope, 849 S.W.2d at 919 ; Reveo, 873 S.W.2d at 396 .

11995–1995

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