South Texas Family & Estate Lawyer

Tel: (210) 224-4077

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Primary Location:
6840 San Pedro Ave.
San Antonio, Texas 78216
Hours:
Mon-Thurs
9:00AM to 5:00PM
Friday
9:00AM to 12:00PM

Secondary Location:
700 N. St. Mary’s Street,
Suite 1400
San Antonio, Texas 78205
By Appointment Only


Phone:
(210) 224-4077

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Pop, R&B Musician Usher’s Herpes Lawsuits Continue

Date Published: March 8, 2019


Award-winning music star Usher (full name: Usher Raymond IV) faces at least 4 suits from paramours who claim he gave them herpes. They sued for negligence and infliction of emotional distress.

In a recent California development, the judge ordered Usher to turn over medical records (including information about insurance and doctors’ visits), as part of the “discovery process”.

What is Discovery in Texas?

In a Texas lawsuit, discovery allows all parties to ask for information about the case. Both sides must show the evidence they intend to use at trial. The discovery process helps encourage parties to resolve their case before trial (settlement). Discovery allows the parties to have fair access to information, and avoid unfair surprise in the courtroom.

Texas Rules of Civil Procedure

The Texas Rules of Civil Procedure govern the discovery process. Parties are entitled to any case information which is “relevant”, as long as that information is not “privileged”. These are important and nuanced terms, which often require a lawyer’s help. Discovery is intended to provide wide access to information.

Do I File my Discovery Request filed with the Court Clerk?

Usually not, unless you serve them on parties that are not in the case. However, you must certify that you make the discovery request pursuant to the Texas Rules, and not to harass, delay or unreasonably burden the party upon whom you serve the discovery request.

What do I do if Someone Doesn’t comply with Discovery?

This is called “abuse of the discovery process”, and occurs in 2 situations:

  • asking for more than what you are entitled to, or

  • refusing to cooperate with discovery requests

Texas Rule of Civil Procedure 215 spells out what constitutes as “abuse”, and the sanctions (penalties) which the court can impose.

Requests for Admissions

Used to ask the other party to admit or deny case-related facts. These requests are for factual information – not to ask the other side to admit to a pure legal conclusion. A party who objects to answering must explain why. See Texas Rule 198.

Requests for Disclosure

These seek basic information about the party, and her allegations or contentions. For example:

  • legal name of the parties to the suit

  • facts surrounding the claim (or defense)

  • legal theories

  • names and contact information of witnesses or others with relevant information

See Texas Rule 194.

Request for Production, Inspection or Entry

These are for the other side to produce or allow examination of physical things such as documents, electronic files, emails, text messages, photographs, personal or real property that the other side has control of. Your request must specify a reasonable time and place for the item to be produced. See Texas Rule 196.

Interrogatories

Written questions between parties. The answering party must respond in writing, under oath. See Texas Rule 197.

Depositions

These are written or oral interviews. Most depositions are in person, but can be by telephone. Depositions are not limited to the parties in a case, but may include witnesses with knowledge about the case. There are many rules regarding depositions, such as:

  • Notice

  • Location

  • Time Limits

  • Scope of Questions

See Texas Rules 199-203.

Mental or Physical Examinations

Uncommon, and usually require a court order. See Texas Rule 204.

The Law Office of Jaclyn Y. Roberson, PLLC is a family law and estate planning firm based in San Antonio serving the citizens of South and Central Texas.