Wednesday, September 4, 2013

Changes to CPRC 18.001

18.001 (d)  The party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit on each other party to the case at least 30 days before the day on which evidence is first presented at the trial of the case.

You are no longer required to file affidavit and medical records with the Clerk. CPRC 18.001(d) now requires the party or the attorney to serve a copy of the affidavit on the other parties.

I believe it is good practice to send a copy of the medical records with these affidavits. This can be done easily on a CD. Then you avoid the other side arguing that you did not produce all of your medical records or that you didn't properly supplement discovery.

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