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A BILL TO BE ENTITLED
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AN ACT
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relating to the affidavit required to prove expenses in a civil |
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action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (d), (e), and (f), Section 18.001, |
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Civil Practice and Remedies Code, are amended to read as follows: |
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(d) The party offering the affidavit in evidence or the |
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party's attorney must [file the affidavit with the clerk of the
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court and] serve a copy of the affidavit on each other party to the |
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case at least 30 days before the day on which evidence is first |
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presented at the trial of the case. |
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(e) A party intending to controvert a claim reflected by the |
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affidavit must [file a counteraffidavit with the clerk of the court
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and] serve a copy of the counteraffidavit on each other party or the |
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party's attorney of record: |
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(1) not later than: |
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(A) 30 days after the day the party [he] receives |
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a copy of the affidavit; and |
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(B) at least 14 days before the day on which |
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evidence is first presented at the trial of the case; or |
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(2) with leave of the court, at any time before the |
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commencement of evidence at trial. |
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(f) The counteraffidavit must give reasonable notice of the |
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basis on which the party serving [filing] it intends at trial to |
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controvert the claim reflected by the initial affidavit and must be |
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taken before a person authorized to administer oaths. The |
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counteraffidavit must be made by a person who is qualified, by |
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knowledge, skill, experience, training, education, or other |
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expertise, to testify in contravention of all or part of any of the |
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matters contained in the initial affidavit. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that is commenced on or after the effective |
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date of this Act. A cause of action commenced before the effective |
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date of this Act is governed by the law in effect immediately before |
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the change in law made by this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |