Ask a Librarian for help if you have questions about locating or accessing Texas court rules.. Court Proceedings. Answers in amended and supplemental responses must be signed by the party under oath only if the original answers were required to be signed under oath. The topics are listed below: Initial Disclosures A court can issue a temporary order requiring both spouses to prepare and file a separate sworn inventory and appraisement. ,B?t,'*~
VJ{Awe0W7faNH >dO js 2. SWORN TO AND SUBSCRIBED before me on the __________ day of _____, _____. However, the rule does not prohibit a party from specifically requesting the material or information if the party has a good faith basis for asserting that it is discoverable. (c) Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator. The attached records are a part of this affidavit. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. U1}9yp It dispenses with objections to written discovery requests on the basis that responsive information or materials are protected by a specific privilege from discovery. (d) The party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit on each other party to the case by the earlier of: (1) 90 days after the date the defendant files an answer; (2) the date the offering party must designate any expert witness under a court order; or. A local court's rules may also require it. [3c0g8qS eg63^fTdX`pa_`4``2c` g )p
(e) A party intending to controvert a claim reflected by the affidavit must serve a copy of the counteraffidavit on each other party or the party's attorney of record by the earlier of: (1) 120 days after the date the defendant files its answer; (2) the date the party offering the counteraffidavit must designate expert witnesses under a court order; or. 248, Sec. This rule imposes no duty to supplement or amend deposition testimony. 0000002798 00000 n
To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to object to authenticity. The focus is on the intent to waive the privilege, not the intent to produce the material or information. 0000005069 00000 n
(d) Any party may rebut the prima facie proof established under this section. (c) Option to produce records. Interrogatories about specific legal or factual assertions - such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. (g) The party offering the counteraffidavit in evidence or the party's attorney must file written notice with the clerk of the court when serving the counteraffidavit that the party or attorney served a copy of the counteraffidavit in accordance with this section. (3) include an itemized statement of the service and charge. A party may serve on another party - no later than 30 days before the end of the discovery period - written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. 2060 North Loop West Ste. Hn0wxslnRUVuH+J@}mLa8oA' 777 Main Street, Ste. This rule expressly states the obligation of parties and their attorneys to cooperate in conducting discovery, and to conduct discovery only as permitted by the rules. Requests that are made by you or to you asking to admit or deny facts that relate to the case. 6. If this is a lawsuit filed after January 1, 2021, Texas Rule of Civil Procedure 194.2 says that, without awaiting a discovery request, a party must provide to the other parties: The correct names of the parties to the lawsuit; The name, address, and telephone number of any potential parties; 7. In comment 5 to Rule 193, the reference to Rule 195.6(b) is changed to Rule 195.6. 1, eff. 5The Texas discovery rules are Texas Rules of Civil Procedure 190-215. <<7F1D1753F15E094A871993BC5086A2C4>]>>
The Code of Criminal Procedure governs criminal proceedings. 0000007074 00000 n
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(1) be taken before an officer with authority to administer oaths; (A) the person who provided the service; or, (B) the person in charge of records showing the service provided and charge made; and. For any questions about the rules, please call (512) 463-4097. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. AFFIDAVIT CONCERNING COST AND NECESSITY OF SERVICES. Effective January 1, 2021, the Texas Supreme Court has made significant amendments to the Texas Rules of Civil Procedure. Back to Main Page / Back to List of Rules, Rule 197.2. HN@Htqtj0J|}g2sRR 7
Altered expert designations under Rule 195 The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. xref
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HE, B$'_ - SWORN TO AND SUBSCRIBED before me on the __________ day of __________, 19___. (b) In this section, "communication" means: (3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses. (a) This section applies to civil actions only, but not to an action on a sworn account. 165, Sec. .s;}-/lo&/kVOThNi4kqs&< O,QHvpT_0M9V endstream
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The party seeking to avoid discovery has the burden of proving the objection or privilege. The service provided was necessary and the amount charged for the service was reasonable at the time and place that the service was provided. The total amount paid for the services was $_____ and the amount currently unpaid but which __________ has a right to be paid after any adjustments or credits is $_____. #220 Dallas, TX 75252 250 2. -1!o7!
' The only duty to supplement deposition testimony is provided in Rule 195.6. Sept. 1, 1985. (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. The latter two are easy enough to decipher as a lay person. 1. This website was created in response to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10, which require (effective January 1, 2023) that courts post their local rules, forms, and standing orders to this website to be effective. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. (c) Option to produce records. 18.033. 1, eff. Disclaimer: The information presented on this site is for . The failure to sign or verify answers is only a formal defect that does not otherwise impair the answers unless the party refuses to sign or verify the answers after the defect is pointed out. This post on Interrogatories is the third part of a seven-part series on forms of discovery in Texas. A response must include the party's answers to the interrogatories and may include objections and assertions of privilege as required under these rules. Sec. The attached records are kept by __________ in the regular course of business, and it was the regular course of business of __________ for an employee or representative of __________, with knowledge of the service provided, to make the record or to transmit information to be included in the record. The following sentence is added to the end of Rule 193.4(b): "A party need not request a ruling on that party's own objection or assertion of privilege to preserve the objection or privilege. As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual and defenses but may not be used to force a party to marshal evidence. *HFKt.-: A#yv7:lq|e7u]U1
lJ5WH%1y%(sD'QT-p&I0Dr%g0[ =G;+oB43LI Sec. Added by Acts 2003, 78th Leg., ch. 1. An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses, but interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial. The attached records are a part of this affidavit. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. Production of Documents Self-Authenticating (1999). The court must still set the case for a trial date that is within 90 days after the discovery period ends. 200D Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues. Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. In order to facilitate that exchange, the discovery process includes interrogatories, questions relevant to the case which must be answered by the opposing party. 4. Sec. (b) An affidavit concerning cost and necessity of services by the person who is in charge of records showing the service provided and the charge made is sufficient if it follows the following form: Before me, the undersigned authority, personally appeared ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed as follows: I am the person in charge of records of __________(PERSON WHO PROVIDED THE SERVICE)__________. Sept. 1, 1995. Thus, when large numbers of documents are being produced, a party may amend the initial response when documents are found as to which the party claims privilege. The signature of an attorney or party on a disclosure constitutes a certification that to the best of the signer's knowledge, information, and belief, fanned after a reasonable inquiry, the disclosure is complete and correct as of the time it is made. If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. "Side" refers to all the litigants with generally common interests in the litigation. Back to Main Page / Back to List of Rules. Attached to this affidavit are records that provide an itemized statement of the service and the charge for the service that __________ provided to __________ on _____. (b-2) If a medical bill or other itemized statement attached to an affidavit under Subsection (b-1) reflects a charge that is not recoverable, the reference to that charge is not admissible. A party may also object to a request for a litigation file on the ground that it is overly broad and may assert that on its face the request seeks only materials protected by privilege. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. TRAFFIC CONTROL DEVICE PRESUMED TO BE LAWFUL. Rule 190.3 governs the permissible discovery for all cases except those seeking relief of $250,000 or less (the new Rule 190.2) and those a court permits, on a case-by-case basis, to have discovery tailored to the circumstances of the suit (Rule 190.4). (c) This presumption may be overcome only on a showing of clear and convincing evidence that the boundary as described and depicted in the archives of the General Land Office is erroneous. 2, eff. Telephone: +231 770 599 373. (d-2) The party offering the affidavit in evidence or the party's attorney must file notice with the clerk of the court when serving the affidavit that the party or the attorney served a copy of the affidavit in accordance with this section. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit the requesting party to locate and identify them as readily as can the responding party. COMMUNICATIONS OF SYMPATHY. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. (a) Notwithstanding any other law, if any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, evidence to prove the loss must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law. Added by Acts 1999, 76th Leg., ch. (2) a party that served a counteraffidavit under Subsection (e) or (e-1) may supplement the counteraffidavit on or before the 30th day before the date the trial commences. Below is Rule 197, which details the guidelines and procedures for making and responding to interrogatories: A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule195. Fax: 817-231-7294 340 0 obj
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All discovery must be conducted during the discovery period, litigation Daniel Solutions, Lawyer (JD) 9,934 Satisfied Customers Practing General Attorney, Back to Main Page / Back to List of Rules, Rule 193.7. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; 17330 Preston Rd., Ste. (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Further, amended Rule 190.2 increases the aggregate amount of oral deposition time permitted for expedited actions from 6 hours to 20 hours. (a) Time for response. endstream
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Sept. 1, 1987. 18.061. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. E-mail: info@silblawfirm.com, Austin Office (d) Verification required; exceptions. (1) consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. 505 0 obj
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A responding party - not an agent or attorney as otherwise permitted by Rule14- must sign the answers under oath except that: (1)when answers are based on information obtained from other persons, the party may so state, and. 0000003067 00000 n
An objection to authenticity must be made in good faith. 15. PROOF OF CERTAIN LOSSES; JURY INSTRUCTION. 0000005461 00000 n
191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections (Aug. 1998). The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. /Length 5 0 R
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A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. An example would be material or information described by Rule 503(d)( 1) of the Rules of Evidence. 108 Wild Basin Rd. Litigants should avoid overly broad questions, questions addressed in other parts of discovery, or questions with answers available from other resources. Sec. Request for Production and Inspection On __________(DATE)__________, I provided a service to __________(NAME OF PERSON WHO RECEIVED SERVICE)__________. Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. Telephone: 210-714-6999 September 1, 2019. 17.027. Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. 959, Sec. 673, Sec. Texas Rules of Civil Procedure 198 governs requests for admissions. The revisions to the Texas Rules of Civil Procedure promulgated by Order in Misc. 0000001529 00000 n
Rule 197.2(d) is modified as follows: "Verification required; exceptions. Kathmandu is the nation's capital and the country's largest metropolitan city. E-mail: info@silblawfirm.com, Fort Worth Office !QHn Aug. 30, 1993. H|Ao G`7rk"JzRV>{7,\7q-/Ri$( 7(O/
Od&C:b}_"S*PPBBM Qv.r90vQF75_~%V\`A"$9}|J1yEiV2 M1cmJzH?# Sec. Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control. }`\8.u*])(
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^=EZS. com : This website provides general address, phone and email information of foreign consulates located in Houston Texas. Fort Worth, TX 76102 Fax: 512-318-2462 ?_.|q6ypYUz+Pzq>!4
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3.04(a), eff. The records are the original or an exact duplicate of the original. . September 1, 2003. If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. 0000006404 00000 n
(a) A court in a civil action may not admit a communication that: (1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident; (2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and. 710 Buffalo Street, Ste. (1) be taken before an officer with authority to administer oaths; (2) be made by: (A) the person who provided the service; or (B) the person in charge of records showing the service provided and charge made; and (3) include an itemized statement of the service and charge. 1993). The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. 167, Sec. U;Ra[Hlrw5,;pUgPZL)p9kx>]L
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!gUn5u&6@lpTdVD?!f>Pc!&*p'[WX0sj]m2I83i. (b) Unless a controverting affidavit is served as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary. written interrogatories."). hbbd```b```RD(Hjl,X|Xd=L;``k6XD^Ad8XD\u@{=W (f) The counteraffidavit must give reasonable notice of the basis on which the party serving it intends at trial to controvert the claim reflected by the initial affidavit and must be taken before a person authorized to administer oaths. In civil litigation, discovery refers to the process where parties in a lawsuit exchange relevant facts and information about a case. 1. Before me, the undersigned authority, personally appeared __________, who, being by me duly sworn, deposed as follows: My name is ___________________________________. (( What is a Request for Production, Inspection or Entry? <<
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}>k!LJ##v*o'2, 959, Sec. A trial court may also order this procedure. Houston, TX 77018 197.3 Use. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. (c) In this section, "traffic control device" includes a control light, stop sign, and one-way street sign. 1, eff. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. 319 0 obj
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September 1, 2013. /Type /XObject
J. Interrogatories to Parties (Rule 197) 15 K. Requests for Admissions (Rule 198) 15 L. Depositions Upon Oral Examination (Rule 199) 15 1. . Texas Court Rules: History and Process - Excerpted from Nathan L. Hecht & E. Lee Parsley, Procedural Reform: Whence and Whither (Sept. 1997), updated by Robert H. Pemberton (Nov. 1998), How Texas Court Rules Are Made - By Nathan L. Hecht, Martha G. Newton, and Kennon L. Wooten (May 2016). 0
The Office of Court Administrations Local Rules, Forms, and Standing Orders website holds searchable local rules, forms, and standing orders. The attached records are kept by me in the regular course of business. Request for Motion for Entry Upon Property amendments to Rules 47, 169, 190, 192, 193, 194, and 195 of the Texas Rules of Civil Procedure to comply with Act of May 27, 2019, 86th Leg., R.S., ch. San Antonio, TX 78230 This rule is thus broader than Tex. Every disclosure, discovery request, notice, response, and Objection must be signed: (1) by an attorney, if the party is represented by an attorney, and must show the attorney's State Bar of Texas identification number, address, telephone number, and fax number, if any; or. 4320 Calder Ave. 763), Sec. (b) If any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, the court shall instruct the jury as to whether any recovery for compensatory damages sought by the claimant is subject to federal or state income taxes. Sec. 0000007739 00000 n
Sept. 1, 2003. 6*:K!#;Z$P"N" DzIb 0000003662 00000 n
STATE BAR OF TEXAS COMMITTEE ON COURT RULES REQUEST FOR NEW RULE OR CHANGE OF EXISTING RULE TEXAS RULES OF CIVIL PROCEDURE I. texas rules of civil procedure part i - general rules rule 1. objective of rules rule 2. scope of rules (1) The expedited actions process in this rule applies to a suit in which all claimants, other than counter-claimants, affirmatively plead that they seek only monetary relief aggregating $ 100,000 250,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees excluding interest, statutory or Responses to interrogatories must be verified unless the responding party is not the only party who knows the answer to the question posed and/or if the information is available from another source. (b) The method of service of citation provided by this section is in addition to any other method authorized by statute or the Texas Rules of Civil Procedure for service on the secretary of state. 0000000016 00000 n
This rule preserves the ability of parties by agreement and trial courts by order to adapt discovery to different circumstances. 0000004170 00000 n
Response to Interrogatories (2021) TEXT (a) Time for response. 0
A party who objects to production of documents from a remote time period should produce documents from a more recent period unless that production would be burdensome and duplicative should the objection be overruled. 98-9136, dated August 4, 1998, 61 Tex. trailer
View Local Rules, Forms & Standing Orders, Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Statewide Rules Governing Electronic Filing in Criminal Cases, Judicial Branch Certification Commission Rules, Texas Disciplinary Rules of Professional Conduct, Judicial BypassRules under Ch. If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, notice, response, or objection. E-mail: info@silblawfirm.com, Corpus Christi Office cH)W"PGsb#4Bz/s/~i3o!@7W;e|C~sElC? xb```"SVs eah`\v&.&Xp}a4m9ursq`+Tb>q#k!)v;ji"l/&-|y5K#&FXvMLs-}/8Lb# Added by Acts 1993, 73rd Leg., ch. ", 3. Back to Main Page / Back to List of Rules, Rule 191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections (Aug. 1998). (2) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. The ten-day period allowed for objection to authenticity (which period may be altered by the court in appropriate circumstances) does not run from the production of the material or information but from the party's actual awareness that the document will be used. } B.,n6L]66_RRcbH+4\6Z8Z1m 1K*5|XR-No6;\9E8|z@?o+$MG
|_)OhsjWn X Any other rule in the Texas Rules of Civil Procedure shall not govern the justice courts except: (a) to the extent the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties; or, (b) where otherwise specifically provided by . 0000058592 00000 n
The counteraffidavit must be made by a person who is qualified, by knowledge, skill, experience, training, education, or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit. (2)a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. The Australian Embassy is open from 08:30 - 16:30 Monday to Friday. The service I provided was necessary and the amount that I charged for the service was reasonable at the time and place that the service was provided. 0000001720 00000 n
Hiring a lawyer who is knowledgeable about the requirements and details of discovery will help a litigant avoid the difficulties that result from not handling interrogatories appropriately. Requests for Admission must be in writing, and each request has to be listed separately in the document. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. endstream
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However, in the interest of full disclosure the responding party must either answer the questions in the interrogatories, or if denying all or part of the request, state appropriate objections and/or applicable privileges. See National Union Fire Ins. An example is a statement that privileged material or information has been withheld, which may be separate from a response to the discovery request but is nevertheless part of the response. 0000003145 00000 n
Answers to interrogatories may be used only against the responding party. An itemized statement of the service and the charge for the service is attached to this affidavit and is a part of this affidavit. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to assert any overlooked privilege under this rule. 148, Sec. (a) In a dispute between the State of Texas and an upland owner of property fronting on the Gulf of Mexico and the arms of the Gulf of Mexico within the boundaries of the State of Texas, the maps, surveys, and property descriptions filed in the General Land Office in connection with any conveyance by the state or any predecessor government by patent, deed, lease, or other authorized forms of grant shall be presumed to accurately depict the boundary between adjacent upland owners and the state-owned submerged lands. Answers to interrogatories may be used only against the responding party. o})Lle,S]&s*giBi $^gr@,4O\UDiaDr'Y{ :U8b nzL1$[ t.7crYo{W8j%X{OBp !gRqJ*J#/&CaXI;:X#84( (b) Proof of the existence of a one-way street sign is prima facie proof that the public thoroughfare on or alongside which the sign is placed was designated by proper and competent authority to be a one-way thoroughfare allowing traffic to go only in the direction indicated by the sign. Telephone: 713-255-4422 197.1 Interrogatories. The Rules of Civil Procedure govern the proceedings in civil trials. The self-authenticating provision is new. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper.