On January 11, 2017 a
Order
was filed
involving a dispute between
Irwin, Robert J.,
and
Microwave Transmission Systems Inc,
Richard, Mark Anthony,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
CAUSE NO: DC-17-00333
ROBERT J IRWIN In the District Court
vs.
Dallas County, Texas
MARK ANTHONY RICHARD, et al 162nd District Court
162nd UNIFORM. SCHEDULING ORDER (LEVEL 1 OR 2)
( Revised for the 162" District Court January 11, 2017)
In accordance with Rules 166, 190 and 192 of the Texas ‘Rules of Civil Procedure, the
Court makes the following order to control discovery and the schedule of this cause.
1 This case will be ready and is set for Jury trial on 03/05/2018 at 9:00 a.m. (the
“Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any
deadlines in this Order or established by the Texas Rules of Civil Procedure, unless
otherwise provided by order. All parties are required to announce for trial on the
Thursday before their trial begins on Tuesday at 9:00 a.m. Failure to announce by 10:30
a.m. on the Friday before the designated trial setting may result in Dismissal of the case.
Cases not reached on the designated trial date are to be ready for trial on a 24-hour notice
during their two-week trial docket, If not reached as set, the case will be carried to the
next week, Failure to comply with the deadlines contained herein shall not support a
motion to continue this matter.
2 Unless otherwise ordered, discovery in this case will be controlled by:
Qa Rule 190.2 (Level 1)
” Rule 190.3 (Level 2)
of the Texas Rules of Civil Procedure. Except by agreement of thé party, leave of court, or where
expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of
information subject to disclosure under Rule 194 by any other form of discovery.
3 Any objection or motion to exclude or limit expeit testimony due to qualification
of the expert or reliability of the opinions must be filed no later than seven (7) days after the close
of the discovery period, or such objection is waived. Any motion to compel responses to
discovery (other than relating to factual matters arising after the end of the discovery period) must
be filed no later than seven (7) days after the close of the discovery period or such complaint is
waived, except for the sanction of exclusion under Rule 193.6.
4 Any amended pleadings asserting new causes of action or affirmative defenses
must be filed no later than thirty (30) days before the end of the discovery period and any other
amended pleadings must be filed no later than seven (7) days after the end of the discovery
period. Amended pleadings responsive to timely filed pleadings under this schedule may be filed
after the deadline for amended pleadings if filed within two (2) weeks after the pleading to which
they respond. Except with leave of court, TRCP 166a(c) motions must be heard no later than
thirty (30) days before trial.
5 No additional parties may be joined more than five (5) months after the
commencement of this case except on motion for leave showing good cause. This paragraph does
not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve
a copy of this Order on the new party concurrently with the pleading joining that party.
6 The parties shall mediate this case no later than thirty (30) days before the Initial
Trial Setting, unless otherwise provided by court order. Mediation will be conducted in
accordance with the Standing Dallas County Civil District Court Order Regarding
Mediation, which is available on the court’s website. All parties shall contact the
mediator to arrange the mediation
The mediator may be selected by agreement of all parties. The parties have
ninety (90) days from the date this Order to select a Mediator and to advise the court in
writing of the mediator selected. If the parties fail to do so, the court will appoint a
mediator.
7 Fourteen (14) days before the Initial Trial Setting, in jury trial, the parties
shall exchange a list of exhibits, including any demonstrative aids and affidavits, and
shall exchange copies of any exhibits not previously produced in discovery, over-
designation is strongly discouraged and may sanctioned. Except for records to be offered
by way of business record affidavits, each exhibit must be identified separately and not
by category or group designation. Rule 193.7 applies to this designation. Seven (7) days
before the Initial Trial Setting, in non-jury cases, the parties shall exchange and file with
the Court Proposed Findings of Fact and Conclusions of Law. On or before Ten (10)
days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in
person to confer on stipulations regarding the materials to be submitted to the Court
under this paragraph and attempt to maximize agreement on such matters. By 4 pm on
the Thursday before the Initial Trial Setting, the parties shall file with the Court the
materials stated in Rule 166(e)-(1), an estimate of the length of trial, designation of
deposition testimony to be offered in direct examination, and any motions in limine.
Failure to file such materials may result in dismissal for want of prosecution or other
appropriate sanction.
Plaintiff/Plaintiff’s counsel shall serve a copy of this Order on any currently named
defendant(s) answering after this date.
a
SIGNED March 15, 2017.
District Judge
cc: Counsel of Record/Pro Se Parties and Mediator
UNIFORM SCHEDULING ORDER (LEVEL | OR 2)-PAGE 2
Document Filed Date
March 15, 2017
Case Filing Date
January 11, 2017
Category
MOTOR VEHICLE ACCIDENT
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