Motion for Discovery in In the Interest of LILEANNA GONZALEZ| Trellis.Law

On September 15, 2021 a Motion,Ex Parte was filed involving a dispute between Juarez, Hilda Nayelli, and Gonzalez, Sergio, for Paternity in the District Court of Montgomery County.

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NOTICE: THIS DOCUMENTCONTAINS SENSITIVE DATA

NO. 21-09-12857

IN THE INTEREST OF IN THE DISTRICT COURT

LILEANNA GONZALEZ, 418TH JUDICIAL DISTRICT

A CHILD MONTGOMERY COUNTY, TEXAS

MOTION TO COMPEL DISCOVERY(INITIAL DISCLOSURES)
AND FOR SANCTIONS

This motion is brought by HILDA NAYELLI JUAREZPetitioner who shows in support:

Background and jurisdiction

On September 15, 2021 HILDA NAYELLI JUAREZ, Petitioner, filed a Petition in Suit

Affecting the Parent Child Relationship under this cause number.

On October SERGIO GONZALEZ Respondent, filed an Answer under this

cause number in response to Petitioner’s petition. However, failed to serve our office a copy

of h Original Answer. Counsel for Petitioner did not know Respondent had filed an Answer into

the case, therefore, our office did not realize the deadline for Initial Disclosures had already passed.

RequiredInitialDisclosures

“Except as exempted by Rule 194.2(d) or as otherwise agreed by the parties or ordered by

the court, a party must, without awaiting a discovery request, provide to the other parties the

information or material described in Rule 194.2, 194.3, and 194.4.” Tex. R. Civ. Pr. § 194.1 (a).

Pursuant to Tex. R. Civ. Pr. 194.2(a), “a party must make the initial disclosures within

30 days after the filing of the first answer or general appearance unless a different time is set by

the parties' agreement or court order

This proceeding does not qualify for exemption from mandatory exchanges of initial

disclosures pursuant to Tex. R. Civ. Pr. § 194.2 (d).

FAM Juarez, H; 12 09 12857 Pleadings BLF Motion to Compel Discovery and for Sanction.docx Page of
Respondent has never requested for an extension or abatement to exchange initial

disclosures, the parties do not have an agreement to extend or abate the deadline to exchange initial

disclosures, and there is no court order extending or abating the deadline to exchange initial

disclosures.

Required disclosures under rule 194.2(a) of the Texas Rules of Civil Procedure were due

November 27

HILDA NAYELLI JUAREZ Petitioner, served h responses to initial disclosures on

RespondentDecember at 2:09 See attached “Exhibit A.”

IN AFIRST ATTEMPT TO CONFERENCE with Respondent and to resolve this dispute

without court intervention, Counsel for Petitioner served a deficiency letter on Respondent the

same time Petitioner’s Initial Disclosures were served. To cure the discovery deficiency and serve

responses to initial disclos ures by 5:00p.m. on January 7, 2022. See attached “Exhibit B.”

IN A SECOND ATTEMPT TO CONFERENCE with Respondent and to resolve this

dispute without court intervention, Counsel for Petition had a phone conference with Respondent

on March 23, 2022, wherein he discussed Respondent’s need to send in his initial disclosures and

participate in scheduling mediation. Counsel for Petitioner followed that phone conference up with

a letter requesting him to cure the discovery deficiency and serve his responses to initial disclosures

by 12:00 on April 1, 2022, which was electronically served to Respondent on March 23, 2022, at

10:20 a.m. See attached “Exhibit C”.

IN A THIRD ATTEMPT TO CONFERENCE with Respondent and to resolve this dispute

without court intervention, Counsel for Petitioner served a third deficiency letter on Respondent

requesting him to cure the discovery deficiency and serve h responses to initial disclosures by

12:00p.m. on April 22, 2022. See attached “Exhibit D”.

FAM Juarez, H; 12 09 12857 Pleadings BLF Motion to Compel Discovery and for Sanction.docx Page of
As of the date and time that this motion is filed, Petitioner has NOT received any responses

to the required initial disclosures from Respondent.

ince Petitioner has timely produced h initial disclosures by law, it is necessary that

Respondent be ordered to produce h initial disclosures as well to allow for full and fair

disclosures of both parties’ position, claims, and supporting evidence and to prevent a trial by

ambush.

Relief Requested

HILDA NAYELLI JUAREZ asks the Court, after notice and hearing, to make such orders

with regard to the failure to comply with discovery procedures as are just and right, including the

following:

disclosures by

SERGIO GONZALEZbe ohibited from urther discovery of ny kind while his

case nding.

c. SERGIO GONZALEZbe RDERED o pay attorney's ees sixhundred dollars

BLOODWORTH AW IRM, .L.L.C. at 303 Longmire oad, Suite

Conroe, Texas

HILDA NAYELLI UAREZprays hat ourt ant his otion.

espectfully submitted,

LOODWORTH LAW FIRM, P.L.L.C.
303 Longmire Road, Ste. 402
Conroe, Texas 77304
Tel: (936) 291-3100
Fax: (936) 291-3022

FAM Juarez, H; 12 09 12857 Pleadings BLF Motion to Compel Discovery and for Sanction.docx Page of
By:
William Douglas Bloodworth II, Manager
State Bar No.
N. Tin rkham, Associate Attorney
Email: staff@bloodworthlawfirm.com
Attorney for Petitioner

Certificate of Conference

I certify that a reasonable effort has been made to resolve the discovery dispute without the

necessity of court intervention and has failed.

N. Tina Ma kham,
Attorney for HILDA NAYELLI JUAREZ

Notice of Hearing

The above motion is set for hearing on at .m. in the 410th Judicial

District Court of Montgomery County, Texas.

SIGNED on

Judge or Clerk

Certificate of Service

I certify that a true copy of this Motion to Compel Discovery and for Sanctions was served

in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on May

Sergio Gonzalezby electronic filing manager.

N. Tin rkham
Attorney for HILDA NAYELLI JUAREZ

FAM Juarez, H; 12 09 12857 Pleadings BLF Motion to Compel Discovery and for Sanction.docx Page of
eFiling for Texas - Envelope Receipt

staff@bloodworthlawfirm.com

Case Type
Parentage/Paternity/Voluntary

Gilbert, Tracy A

Filing Type

OP L-1 Def. Letter.pdf OP L-1 Def. Letter.pdf

Status Name Served Date Opened Help

https://efile.txcourts.gov/OfsWeb/FileAndServeModule/Envelope/ViewPrintableEnvelope?Id=60403214 1/2
BLOODWORTH LAW FIRM, P.L.L.C.
William Douglas Bloodworth
Board Certified in Family Law by the Texas Board of Legal Specialization
Reply to:
303 Longmire Road, Suite
Conroe, Texas, 77304
Telephone (936) 291 3100
Facsimile (936) 291 3022
www.bloodworthlawfirm.com
Email: staff@bloodworthlawfirm.com

ecember 30, 2021

IA ELECTRONIC MAIL
AND ELECTRONIC SERVICE

r. Sergio Gonzalez
11283 Creek Edge Ct.
Willis, TX 77378

Cause No. 21 12857; In The Interest Of Lileanna Gonzalez, A Child; In The 418th
District Court, Montgomery County, Texas.

ear Mr. Gonzalez:

lease see attached, my client, the Petitioner’s Initial Disclosures pursuant to Tex. R. Civ.
Pr. § 194. Both parties’ mandatory responses to Initial Disclosures under Rule 194 of the Texas
Rules of Civil Procedure, were due on or before the 30 day after you filed an Answer into this
lawsuit Your Original Answer was filed with the clerk of this court on October 28, 2021, making
the original deadline for the parties to exchange their Initial Disclosures on November 27, 2021.
However, since you failed to serve us a copy of your Answer, we did not know you entered into
this suit, and therefore, we were without fault for being unable to serve you with my client’s Initial
Disclosures by the original deadline. In accordance with rule 21a of the Texas rules of Civil
Procedure all parties and attorneys of record must be served. Therefore, PLEASE make sure you
provide us with a copy of everything you file for record with the clerk regarding this suit.

s of the date of this correspondence, my office has not received your mandatory
responses Initial Disclosures under Rule 194 of the Texas Rules of Civil Procedure.

reby request full and complete responses to the Mandatory Disclosures under Rule
194 of the Texas Rules of Civil Procedure. Please provide all required documents in an organized
manner along with your responses to my office located at 303 Longmire Road, Suite 402, Conroe,
Montgomery County, Texas 77304; Email: taff@bloodworthlawfirm.com, on or before 5:00 p.m.
CST, on January 7, 2022. I have attached the Rules to this letter as a courtesy and in an attempt
to help mitigate this discovery dispute. Failure to comply may necessitate the filing of a Motion to
Compel Discovery and for Sanctions against you, which I do not want to do,

The Woodlands Conroe Huntsville Livingston
(281) 292-0000 (936) 291-3100 (936) 291-3100 (936) 327-9009
All offices are by appointment only
Letter Pro Se Opposing Party – Sergio Gonzalez
Re: Cause No. 12857; ITIO Lileanna Gonzalez, A Child
December 30, 2021
Page of 2

On a separate note, please provide at least 5 dates in January or February that you are
available to mediate this case. It is the local rules of the 418 Judicial District Court that the parties
are required to attempt mediation before appearing in court for temporary orders.

Thank you for your time and attention to this matter. If you have questions or concerns,
please contact my office in writing via email. This letter is sent in mitigation of damages and shall
constitute as my attempt to conference regarding the issues related to this discovery dispute
without the intervention of the Court. TIME IS OF THE ESSENCE.

Sincerely

N. Tina Markham, Associate Attorney

attachment(2
Petitioner’s Initial Disclosures
Texas Rules of Civil Procedure, Rule 194

cc:
Client
file
NOTICE: THIS DOCUMENTCONTAINS SENSITIVE DATA

NO. 21-09-12857

IN THE INTEREST OF IN THE DISTRICT COURT

LILEANNA GONZALEZ, 418TH JUDICIAL DISTRICT

A CHILD MONTGOMERY COUNTY, TEXAS

PETITIONER'S INITIAL DISCLOSURES UNDER RULE 194

N. Tina Markham, Attorney for Petitioner, provides the attached nitial isclosures under

rule 194.

BLOODWORTH LAW FIRM, P.L.L.C.
303 Longmire Road, Ste. 402
Conroe, Texas 77304
Tel: (936) 291-3100
Fax: (936) 291-3022

By:
William Douglas Bloodworth II, Manager
State Bar No. 0783673
Rachel E. Barron, Associate Attorney
State Bar No. 24118041
N. Tina Markham, Associate Attorney
State Bar No. 24108778
Email: staff@bloodworthlawfirm.com
Attorneys for Petitioner

Certificate of Service

I certify that a true copy of this Petitioner's Initial Disclosures was served in accordance

with rule 21a of the Texas Rules of Civil Procedure on the following on December 30, 2021:

SERGIO GONZALEZby electronic filing manager.

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures- Juarez.docx Page of 11
N. Tina Markham, Associate Attorney
Attorney for Petitioner

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures- Juarez.docx Page of 11
INITIAL DISCLOSURES

Disclosure under R.194.2(b)(1) State the correct names of the parties to the lawsuit.

Response:
HILDA NAYELLI JUAREZ Petitioner
SERGIO GONZALEZ Respondent
LILEANNA GONZALEZ Minor Child Subject of this Suit

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(2) State the name, address, and telephone number of each
potential party.

Response:
usana Gomez Petitioner’s Mother
10530 Settlers Xing
Conroe, TX 77303
Tel: (936) 522

Maria Gonzalez Respondent’s Mother
Information Known to Respondent
Tel: (936) 232

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(3) State the legal theories and, in general, the factual bases for
your claims or defenses.

Response:
The father of the child the subject of this suit is SERGIO GONZALEZ. SERGIO
GONZALEZ's paternity is evidenced by an un rescinded and uncontested
acknowledgment of paternity of the child filed with the vital statistics unit on or about
03/24/2020.

The parents of the child are or will be separated. The appointment of the parents a
joint managing conservators would not be in the best interest of the child. It is in the
best interest of the child that HILDA NAYELLI JUAREZ, Petitioner, be appointed
sole managing conservator of the child, with all right and duties of a sole managing
conservator, and that SERGIO GONZALEZ, Respondent, be named a possessory
conservator of the child. HILDA NAYELLI JUAREZ, Petitioner, requests the Court
to apportion the rights and duties of a parent set out in section 153.132 of the Texas
Family Code.
FACT: The child subject of this suit lives with Petitioner and has all her life.

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
Petitioner has had constant care and possession of the child since the child was born.
Respondent left when the child was born and does not contribute financially to the
care of the child subject of this suit.

HILDA NAYELLI JUAREZ, Petitioner, requests the Court to appoint her as the
conservator who has the exclusive right to designate the primary residence of the
child. The Court should be award HILDA NAYELLI JUAREZ, Petitioner, the
exclusive right to enroll the child in school.
FACT: Respondent has moved multiple times in the past two years and he does not
provide a stable and consistent living environment for the child, when he does pick
up the child, he constantly picks her up late for his time of possessions and drops her
off late.

Preceding the filing of this suit, SERGIO GONZALEZ, Respondent, has engaged in
a history or pattern of child neglect. HILDA NAYELLI JUAREZ, Petitioner, requests
that the Court consider this conduct in appointing HILDA NAYELLI JUAREZ,
Petitioner, as sole managing conservator or the parties as joint managing
conservators.

SERGIO GONZALEZ, Respondent, has a history or pattern of drug and alcohol
abuse. HILDA NAYELLI JUAREZ, Petitioner, requests the Court to deny SERGIO
GONZALEZ, Respondent, access to the child. Alternatively, HILDA NAYELLI
JUAREZ, Petitioner, requests that the Court render a possession order that provides
that SERGIO GONZALEZ, Respondent's periods of visitation be continuously
supervised by an entity or person chosen by the Court.

SERGIO GONZALEZ, Respondent, may violate the Court's order relating to
SERGIO GONZALEZ, Respondent's possessory interest in the child. HILDA
NAYELLI JUAREZ, Petitioner, requests the Court to order SERGIO GONZALEZ,
Respondent, to execute a bond or deposit security in a reasonable amount,
conditioned on SERGIO GONZALEZ, Respondent's compliance with the Court's
orders concerning possession of and access to the child.

HILDA NAYELLI JUAREZ, Petitioner, requests that SERGIO GONZALEZ,
Respondent, be ordered to provide support for the child, including the payment of
child support and medical and dental support, in the manner specified by the Court.
HILDA NAYELLI JUAREZ, Petitioner, requests that the payments for the support
of the child survive the death of SERGIO GONZALEZ, Respondent, and become the
obligations of SERGIO GONZALEZ, Respondent's estate.

SERGIO GONZALEZ, Respondent, should be ordered to provide retroactive child
support, medical support, and dental support back to the date of the child’s birth in
the manner specified by the Court.

It was necessary for HILDA NAYELLI JUAREZ, Petitioner to secure the services of
Bloodworth Law Firm, P.L.L.C., licensed attorneys, to prepare and prosecute this

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
suit. In the absence of an agreement to all issues, or in the event of default: to effect
services rendered in connection with conservatorship and support of the child,
judgment for attorney's fees, expenses, and costs through trial and appeal should be
granted against SERGIO GONZALEZ, Respondent, and in favor of HILDA
NAYELLI JUAREZ, Petitioner for the use and benefit of HILDA NAYELLI
JUAREZ, Petitioner’s, attorney(s) and be ordered paid directly to HILDA NAYELLI
JUAREZ, Petitioner’s, attorney(s), who may enforce the judgment in the attorney's
own name(s). HILDA NAYELLI JUAREZ, Petitioner requests postjudgment
interest as allowed by law.

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(4) State the amount and any method of calculating economic
damages.

Response:
None at this time, other than reasonable and necessary attorney’s fees incurred by
HILDA NAYELLI JUAREZ, Petitioner, which may be calculated based on the rated
contracted between HILDA NAYELLI JUAREZ, Petitioner, and Bloodworth Law
Firm, P.L.L.C., please see attached, Bates Stamped as Petitioner’sRR194 000

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(5) State the name, address, and telephone number of persons
having knowledge of relevant facts, and state each person's connection with the case.

Response:
a Juarez Petitioner
c/o Bloodworth Law Firm, P.L.L.C.
303 Longmire Road, Suite 402
Conroe, TX 77304
Tel: (936) 291

Sergio Gonzalez Respondent
11283 Creek Edge Ct
Willis, TX 77378
Tel: (404)

Susana Gomez Petitioner’s Mother
10530 Settlers Xing
Conroe, TX 77303
Tel: (936) 522

Cinthia Juarez Petitioner’s Sister

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
Tel: (936)232

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(6) Produce a copy, or a description by category and location, or
all documents, electronically stored information, and tangible things in your possession, custody,
or control, which may be used to support your claims or defenses.

Response:
Please see the attached, Bate Stamped as Petitioner’s RR194 000001 000

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(7) Produce any indemnity and insuring agreements as
described in Rule 192.3(f).

Response:
After a diligent search, no items responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(8) Produce any settlement agreements as described in Rule
192.3(g).

Response:
After a diligent search, no items responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(9) Produce any witness statements as described in Rule
192.3(h).

Response:
After a diligent search, no items responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(10) Produce all medical records and bills that are reasonably

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills.

Response:
After a diligent search, no items responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(11) Produce all medical records and bills obtained by you by
virtue of an authorization furnished by SERGIO GONZALEZ

Response:
After a diligent search, no items responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(b)(12) Produce the name, address, and telephone number of any
person who may be designated as a responsible third party.

Response:
After a diligent search, no persons responsive to this request have been identifie by
HILDA NAYELLI JUAREZ, Petitioner

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(c)(2)(A) Provide information regarding all policies, statements and
the summary description of benefits for any medical and health insurance that is or would be
available for the child.

Response:
Please see the attached, Bate Stamped as Petitioner’s RR194 000

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(c)(2)(B) Produce your income tax returns for the previous two years,
or if no return was filed, your Form W 2, Form 1099, and Schedule K 1 for the previous two years.

Response:
Please see the attached, Bate Stamped as Petitioner’s RR194 000 000

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.2(c)(2)(C) Produce your two most recent payroll check stubs.

esponse:
Please see the attached, Bate Stamped as Petitioner’s RR194 000 000

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.4(a)(1) Provide the name, address and telephone number of each
witness separately identifying those witnesses you expect to present at trial and those you may
call at trial if needed.

Response:
Please see the response to Disclosure under R.194.2(b)(5), hereinabove. All persons
listed under this response can potentially be called as a witness at a trial in this cause.
At the time of this response, a trial witness list has not be finalized and a response
to this Disclosure will be supplemented within the appropriate time period.

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.194.4(a)(2) Provide and identify each document or other exhibit,
including summaries of other evidence that may be presented at trial separately identify the items
you expect to offer at trial and those you may offer at trial if needed.

Response:
Please see the attached documents, Bate Stamped as Petitioner’s RR194 000001
. All documents tendered attached to this response may be used as an exhibit
at a trial in this cause. At the time of this response, a trial exhibit list has not been
finalized and a response to this Disclosure will be supplemented within the
appropriate time period.

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

Disclosure under R.195.5

For each individual who may be called by you or your attorney as an expert witness, state:

the expert's name, address, and telephone number;

the subject matter on which the expert will testify;

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
the general substance of the expert's mental impressions and opinions held by the
expert and the basis for them (or documents reflecting such information if the expert is not
retained by, employed by, or otherwise subject to your control);

if the expert is retained by, employed by, or otherwise subject to your control:

produce all documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert's testimony;

produce the expert's current resume and bibliography;

describe the expert's qualifications and provide a list of all publications
authored in the previous 10 years;

provide a list of all other all cases in which, during the previous four years,
the expert testified as an expert at trial or by deposition; and

provide a statement of the compensation to be paid for the expert's study
and testimony in the case.

Response:
William Douglas Bloodworth II, Bloodworth Law Firm, P.L.L.C.; 303 Longmire
Road, Suite 402, Montgomery County, Conroe, Texas 77304; Tel.: (936) 291

Rachel E. Barron, Bloodworth Law Firm, P.L.L.C.; 303 Longmire Road, Suite
402, Montgomery County, Conroe, Texas 77304; Tel.: (936) 291

N. Tina Markham, Bloodworth Law Firm, P.L.L.C.; 303 Longmire Road, Suite
, Montgomery Coun ty, Conroe, Texas 77304; Tel.: (936) 291

Mr. Bloodworth is expected to testify to attorney’s fees incurred by HILDA
NAYELLI JUAREZ, Petitioner, in this cause.

Mrs. Barron is expected to testify to attorney’s fees incurred by HILDA
NAYELLI JUAREZ, Petitioner, in this cause.

N. Tina Markham is expected to testify to attorney’s fees incurred by HILDA
NAYELLI JUAREZ, Petitioner, in this cause.

The attorney’s fees incurred by HILDA NAYELLI JUAREZ, Petitioner, in this
case are both reasonable based on the complexity of the legal issues, the necessary
discovery to be completed, the experience of the attorney retained by HILDA
NAYELLI JUAREZ, Petitioner, for an attorney of similar experience and
expertise, and are necessary to protect and defend HILDA NAYELLI JUAREZ,
Petitioner’s, legal rights.

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page of 11
Mr. Bloodworth, Rachel Barron, and N. Tina Markham reviewed the
Agreement for Legal Services signed by HILDA NAYELLI JUAREZ, Petitioner,
to retain Bloodworth Law Firm, P.L.L.C. in this cause attached hereto as
Petitioner’s RR194 000 , attached; as well as all invoices sent by
Bloodworth Law Firm, P.L.L.C. to HILDA NAYELLI JUAREZ, Petitioner,
attached hereto Bates Stamped as Petitioner’s RR194 , and will
review all invoices up through conclusion of this case. Additional invoices will be
supplemented in the manner required by ROC, Rule 194 et seq

4b. Mr. Bloodworth’s resume is attached hereto as Petitioner’s RR194 000

s. Barron’s resume is attached hereto as Petitioner’s RR194

Mrs. Markham’s resume is attached hereto as Petitioner’s RR194

4c. Please see Mr. Bloodworth’s resume is attached hereto as Petitioner’s RR194
, for the description of Mr. Bloodworth’s qualifications, as well as
Petitioner’s RR194 000 for a list of all publications authored by Mr.
Bloodworth within the last 10 years.

Please see Mrs. Barron’s resume is attached hereto as Petitioner’s RR194 000
for the description of Mrs. Barron’s qualifications, as well as Petitioner’s RR194
, for a list of all publications authored by Mrs. Barron within the last 10
years.

Please see Mrs. Markham’s resume is attached hereto as Petitioner’s RR194
, for the description of Mrs. Markham’s qualifications.

4d. Please see Petitioner’s RR194 000 050 for a list of all cases in which Mr.
Bloodworth offered or was prepared to offer expert testimony and evidence
regarding attorney’s fees, expenses, and costs incurred within a case within the
last 4 years.

Please see Petitioner’s RR194 for a list of all cases in which Ms. Barron
offered or was prepared to offer expert testimony and evidence regarding
attorney’s fees, expenses, and costs incurred within a case within the last 4 years.

Mrs. Markham has not offered or prepared to offer expert testimony and evidence
regarding attorney’s fees, expenses, and costs within a case in the last 4 years.

4e. Other than reasonable attorney’s fees, no compensation has been paid specifically
for Mr. Bloodworth’s possible testimony in this case.

Other than reasonable attorney’s fees, no compensation has been paid specifically
for Mrs. Barron’s possible testimony in this case.

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page 10 of 11
Other than reasonable attorney’s fees, no compensation has been paid specifically
for Mrs. Markham’s possible testimony in this case.

HILDA NAYELLI JUAREZ, Petitioner, reserves the right to supplement this
response as necessary.

FAM Juarez, H; 12 09 12857 Discovery To OPC Responses Petitioner's Initial Disclosures Juarez.docx Page 11 of 11
IN THE SUPREME COURT OF TEXAS
════════════════════
Misc. Docket No. 20
════════════════════

════════════════════════════════════════════════════
FINAL APPROVAL OF AMENDMENTS TO TEXAS RULES OF
CIVIL PROCEDURE 47, 99, 169, 190, 192, 193, 194, 195, 196, 197, AND 198
════════════════════════════════════════════════════

ORDEREDthat:

On August 21, 2020, in Misc. Dkt. No. 209101, the Court preli minarily approved
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. 696 (SB 2342), and
invited public comment. Following public comment, the Court made revisions to those
rules and also revised Texas Rules of Civil Procedure 99, 196, 197, and 198. This Order
incorporates the revisions and contains the final version of the rules, effective January 1,

The amendments apply to cases filed on or after January 1, 2021, except for those filed in
justice court. The rules amended by this Order continue to govern procedures and
limitations in cases filed before January 1, 2021.

The Clerk is directed to:

file a copy of this Order with the Secretary of State;

cause a copy of this Order to be mailed to each registered member of the State Bar
of Texas by publication in the Texas Bar Journal;

send a copy of this Order to each elected member of the Legislature; and

submit a copy of the Orderfor publication in the Texas Register

Dated: December
Nathan L. Hecht, Chief Justice

Eva M. Guzman, Justice

Debra H. Lehrmann, Justice

Jeffrey S. Boyd, Justice

John P. Devine, Justice

James D. Blacklock, Justice

J. Brett Busby, Justice

Jane N. Bland, Justice

Rebeca A. Huddle, Justice

Misc. Docket No. 20 Page
RULE 47. CLAIMS FOR RELIEF

An original pleading which sets forth a claim for relief, whether an original petition, counterclaim,
crossclaim, or third party claim, shall contain:

(a) a short statement of the cause of action sufficient to give fair notice of the claim involved;

a statement that the damages sought are within the jurisdictional limits of the court;

only monetary relief of $ or less, including damages of any kind,
penalties, costs, expenses, prejudgment interest, and attorney fees excluding
interest, statutory or punitive damages and penalties, and attorney fees and costs

monetary relief of $or less and nonmonetary relief;

monetary relief over $100,000 but not more than $250,000; or

monetary relief over $250,000 but not more than $1,000,000;

monetary relief over $1,000,000;and

only nonmonetary relief; and

a demand for judgment for all the other relief to which the party deems himself entitled.

Relief in the alternative or of several different types may be demanded; provided, further, that
upon special exception the court shall require the pleader to amend so as to specify the maximum
amount claimed. A party that fails to comply with (c) may not conduct discovery until the party’s
pleading is amended to comply.

Comment to 2021 change: Rule 47 is amended to implement section 22.004(h1) of the Texas
Government Code. A suit in which the original petition contains the statement in paragraph (c)(1)
s governed by the expedited actions process in Rule 169.

RULE 99. ISSUANCE AND FORM OF CITATION

Form. The citation shall (1) be styled The State of Texas, (2) be signed by the clerk
under seal of court, (3) contain name and location of the court, (4) show date of filing of
the petition, (5) show date of issuance of citation, (6) show file number, (7) show names of
parties, (8) be directed to the defendant, (9) show the name and address of attorney for
plaintiff, otherwise the address of plaintiff, (10) contain the time within which these rules

Misc. Docket No. 20 Page
require the defendant to file a written answer with the clerk who issued citation, (11)
contain address of the clerk, and shall notify the defendant that in case of failure of
defendant to file and answer, judgment by default may be rendered for the relief demanded
in the petition, and (13) notify the defendant that the defendant may be required to make
initial disclosures. The citation shall direct the defendant to file a written answer to the
plaintiff's petition on or before 10:00 a.m. on the Monday next after the expiration of twenty
days after the date of service thereof. The requirement of subsections 10 and , and 13 of
this section shall be in the form set forth in section c of this rule.

Notice. The citation shall include the following notice to the defendant: You have been
sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 a.m. on the Monday next following the
expiration of twenty days after you were served this citation and petition, a default
judgment may be taken against you.In addition to filing a written answer with the clerk,
you may be required to make initial disclosures to the other parties of this suit. These
disclosures generally must be made no later than 30 days after you file your answer with
the clerk. Find out more at TexasLawHelp.org.

RULE 169. EXPEDITED ACTIONS

(a) Application.

The expedited actions process in this rule applies to a suit in which all claimants,
other than counterclaimants, affirmatively plead that they seek only monetary
relief aggregating $ or less, including damages of any kind,
penalties, costs, expenses, prejudgment interest, and atto rney feesexcluding
interest, statutory or punitive damages and penalties, and attorney fees and costs.

The expedited actions process does not apply to a suit in which a party has filed a
claim governed by the Family Code, the Property Code, the Tax Code, or Chapter
74 of the Civil Practice & Remedies Code.

Recovery. In no event may a party who prosecutes a suit under this rule recover a judgment
in excess of , excluding post judgment interest statutory or punitive
damages and penalties, and attorney fees and costs

A court must remove a suit from the expedited actions process:

(A) on motion and a showing of good cause by any party; or

Misc. Docket No. 20 Page
if any claimant, other than a counterclaimant, files a pleading or an
amended or supplemental pleading that seeks any relief other than the
monetary relief allowed by (a)

A pleading, amended pleading, or supplemental pleading that removes a suit from
the expedited actions process may not be filed without leave of court unless it is
filed before the earlier of 30 days after the discovery period is closed or 30 days
before the date set for trial. Leave to amend may be granted only if good cause for
filing the pleading outweighs any prejudice to an opposing party.

If a suit is removed from the expedited actions process, the court must reopen
discovery under Rule 190.2(c).

Expedited Actions Process.

Discovery. Discovery is governed by Rule 190.2.

Trial Setting; Continuances. On any party’s request, the court must set the case for
a trial date that is within 90 days after the discovery period in Rule 190.2(b)(1)
ends. The court may continue the case twice, not to exceed a total of 60 days.

Time Limits for Trial. Each side is allowed no more than eight hours to complete
jury selection, opening statements, presentation of evidence, examination and
crossexamination of witnesses, and closing arguments. On motion and a showing
of good cause by any party, the court may extend the time limit to no more than
twelve hours per side.

(A) The term “side” has the same definition set out in Rule 233.

Time spent on objections, bench conferences, bills of exception, and
challenges for cause to a juror under Rule 228 are not included in the time
limit.

Alternative Dispute Resolution.

(A) Unless the parties have agreed not to engage in alternative dispute
resolution, the court may refer the case to an alternative dispute resolution
procedure once, and the procedure must:

(i) not exceed a halfday in duration, excluding scheduling time;

(ii) not exceed a total cost of twice the amount of applicable civil filing
fees; and

(iii) be completed no later than 60 days before the initial trial setting.

Misc. Docket No. 20 Page
The court must consider objections to the referral unless prohibited by
statute.

The parties may agree to engage in alternative dispute resolution other than
that provided for in (A).

Expert Testimony. Unless requested by the party sponsoring the expert, a party may
only challenge the admissibility of expert testimony as an objection to summary
judgment evidence under Rule 166a or during the trial on the merits. This paragraph
does not apply to a motion to strike for late designation.

Comment to 2021 change:

Rule 169 is amended to implement section 22.004(h1) of the Texas Government Code
which calls for rules to promote the prompt, efficient, and costeffective resolution of civil ac tions
filed in county courts at law in which the amount in controversy does not exceed $250,000and
changes to section 22.004(h) of the Texas Government Code.To ensure uniformity, and pursuant
to section 22.004(b) of the Texas Government Code, ule ’s application is not limited to suits
filed in county courts at law; any suit that falls within the definition of subsection (a) is subject to
the provisions of the ruleHowever, ertain suits are exempt from Rule 169’s application by
statute. See EX STATES ODE The discovery limitations for
expedited actions are set out in Rule 190.2, which is also amended to implement section 22.004(h
1) of the Texas Government Code.

RULE DISCOVERY LIMITATIONS

Discovery Control Plan Required

Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must
allege in the first numbered paragraph of the original petition whether discovery is intended to be
conducted under Level 1, 2, or 3 of this Rule.

Discovery Control Plan Expedited Actions and Divorces Involving
or Less (Level 1)

(a) Application. This subdivision applies to:

any suit that is governed by the expedited actions process in Rule 169; and

unless the parties agree that rule 190.3 should apply or the court orders a discovery
control plan under Rule 190.4, any suit for divorce not involving children in which
a party pleads that the value of the marital estate is more than zero but not more
than

Limitations. Discoveryis subject to the limitations provided elsewhere in these rules and
to the following additional limitations:

Misc. Docket No. 20 Page
Discovery period. All discovery must be conducted during the discovery period,
which begins when the suit is filedthe first initial disclosures are due and continues
until180 days after the date the first request for discovery of any kind is served
on a party

Total time for oral depositions. Each party may have no more than six hours in
total to examine and crossexamine all witnesses in oral depositions. The parties
may agree to expand this limit up to ten hours in total, but not more except by court
order. The court may modify the deposition hours so that no party is given unfair
advantage.

Interrogatories. Any party may serve on any other party no more than 15 written
interrogatories, excluding interrogatories asking a party only to identify or
authenticate specific documents. Each discrete subpart of an interrogatory is
considered a separate interrogatory.

equests for Production. Any party may serve on any other party no more than
15 written requests for production. Each discrete subpart of a request for production
is considered a separate request for production.

Requests for Admissions. Any party may serve on any other party no more than
15 written requests for admissions. Each discrete subpart of a request for admission
is considered a separate request for admission.

Requests for Disclosure. In addition to the content subject to disclosure under Rule
194.2, a party may request disclosure of all documents, electronic information, and
tangible items that the disclosing party has in its possession, custody or control and
may use to support its claims or defenses. A request f

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Motion,Ex Parte: In the Interest of LILEANNA GONZALEZ

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