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Author: Robert Ray

How Much Discovery Is Too Much Discovery In A Texas anti-SLAPP Case

When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow “specified and limited” discovery that is relevant to the motion to dismiss if “good cause” is shown. Comprehensive discovery is not allowed, but the plaintiff must be armed with “clear and specific” evidence of each essential element of every single claim challenged. Thus, discovery must be sufficiently broad to cover all essential elements of all of the challenged claims, even if it could be later determined that some of the claims did not fall within the TCPA. 

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When The Judge Fails To Rule – Contrast Between Rule 91a And The Texas anti-Slapp Statute

The consequences of a judge’s failure to rule on a motion to dismiss are different between the Texas anti-SLAPP, TCPA, statute and Rule 91a. Under the TCPA, a failure to rule is considered a denial of the motion from which an interlocutory appeal may be filed. Under Rule 91a, a failure to rule is just that, a non-ruling. There is no appealable order if the trial court hasn’t ruled on the Rule 91a motion. A petition for writ of mandamus may be filed to force the trial court to rule but until he rules, there is no appealable order.

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Robert Ray

Robert Ray is an attorney who handles cases throughout Texas. The principle office is in Lantana, Texas (DFW area). He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial law.

What is a Board Certified Attorney?

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