texas rules of civil procedure 197

Amended by order of Nov. 9, 1998, eff. As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual and defenses but may not be used to force a party to marshal evidence. H_O0b|hL4K}2>6l'-YXVxi=r Code of Civil Procedure 607a provides: "In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury . The signature of an attorney or party on a discovery request, notice, response, or objection constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after a reasonable inquiry, the request, notice, response, or objection is: (1) consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and. " As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual claims and defenses but may not be used to force a party to marshal evidence. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; The affidavit is not evidence of and does not support a finding of the causation element of the cause of action that is the basis for the civil action. Altered expert designations under Rule 195 (2) a party that served a counteraffidavit under Subsection (e) or (e-1) may supplement the counteraffidavit on or before the 30th day before the date the trial commences. R. CIV. An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses, but interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial. Added by Acts 1999, 76th Leg., ch. Sec. 1989). Interrogatories about specific legal or factual assertions - such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. 5The Texas discovery rules are Texas Rules of Civil Procedure 190-215. 0000004303 00000 n (d-1) Notwithstanding Subsection (d), if services are provided for the first time by a provider after the date the defendant files an answer, the party offering the affidavit in evidence or the party's attorney must serve a copy of the affidavit for services provided by that provider on each other party to the case by the earlier of: (1) the date the offering party must designate any expert witness under a court order; or. Except as provided by the Texas Rules of Evidence, the affidavit is not required to be filed with the clerk of the court before the trial commences. %PDF-1.6 % A trial court may also order this procedure. Fax: 713-255-4426 0000005461 00000 n This rule imposes no duty to supplement or amend deposition testimony. 1, eff. Answers to interrogatories may be used only against the responding party. ,$@54rHT"]Vt'8[qN S?%JD!Ar2rT~pY xMD3X4Y_N BB\?`o84m{F23FNtCb8tvbSMaa%!vSUR?Ekow[h83}YRz#Q ? 1J$00*hb&A>a6kzPC/y tYzQ+-aBh>APr^2$ UugE__Z?|H~%ytAe0zHiz9v'8[-/g'T0*T3dIdb?+9)L4h{#?0+y$W.DR1CS)c- 8"yq?FTg~gm0.xp mXNMXiwi]p3KSsbxE SZnVhd{7DY. 6jJYd[elqlc`F&__wS{(;]R*v{ Hereinafter, individual Texas Rules of Civil Procedure and Federal Rules of Civil Procedure will be referred to respectively as "Texas Rule __" and "Federal Rule ___." 6TEX. Telephone: +231 770 599 373. << 696 (SB 2342), and invited public comment. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit the requesting party to locate and identify them as readily as can the responding party. An itemized statement of the service and the charge for the service is attached to this affidavit and is a part of this affidavit. I am a custodian of records for __________. Sec. The topics are listed below: Initial Disclosures endstream endobj startxref Fax: 469-283-1787 cH)W"PGsb#4Bz/s/~i3o!@7W;e|C~sElC? 2. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues. /Width 2560 Instead, the rule requires parties to state that information or materials have been withheld and to identify the privilege upon which the party relies. In Texas, the Rules of Civil Procedure only allow attorneys to object on 3 grounds: form, non-responsive answer, or leading. (a) A court in a civil action may not admit a communication that: (1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident; (2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and. This website was created in response to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10, which require (effective January 1, 2023) that courts post their local rules, forms, and standing orders to this website to be effective. 1, eff. *HFKt.-: A#yv7:lq|e7u]U1 lJ5WH%1y%(sD'QT-p&I0Dr%g0[ =G;+oB43LI 2, eff. endstream endobj 330 0 obj <>stream R9Kf6d(s |(jtC92Lo} Qf+opDW[{RwbY8@BS:C*=/|Mww(Uku01 148, Sec. (d) Effect of failure to sign. The attached records are a part of this affidavit. September 1, 2003. U;Ra[Hlrw5,;pUgPZL)p9kx>]L muYjQ[mhYfI=J"A%.D#ELOB5~in2! nvf>&,8hi_:0wl|NgVM= !gUn5u&6@lpTdVD?!f>Pc!&*p'[WX0sj]m2I83i. 0000001529 00000 n If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. 0000001820 00000 n 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. Admissions 319 22 -1!o7! ' A responding party - not an agent or attorney as otherwise permitted by Rule 14 - must sign the answers under oath except that: (1) when answers are based on information obtained from other persons, the party may so state, and. SWORN TO AND SUBSCRIBED before me on the __________ day of _____, _____. Rule 193.4(c) is modified as follows: "Use of material or information withheld under claim of privilege. Court Deadlines also includes links to certain state court rules. Fax: 817-231-7294 Telephone: 361-480-0333 Answers to interrogatories may be used only against the responding party. This paper is a guide to the background, text, and intent of the 1999 revisions to the Texas Rules of Civil Procedure pertaining to discovery. STATE LAND RECORDS. Acts 2013, 83rd Leg., R.S., Ch. Corpus Christi, TX 78401 18.001. HS]K@|n+J4* &W? #220 While interrogatories might inquire about legal theories and factual bases for a claim or denial of a claim, this part of the discovery process does not require evidence to substantiate or refute a claim. The party must amend or supplement the statement if additional privileged information or material is found subsequent to the initial response. (1) be taken before an officer with authority to administer oaths; (2) be made by: (A) the person who provided the service; or (B) the person in charge of records showing the service provided and charge made; and (3) include an itemized statement of the service and charge. Hj@z h:iM S(Y("KHjp_#yMB98,=8*oL?4MZ =g8~S'b2Go96K c0x9B)$SoP~k +4m5h14f9iNfm_ e u9DA%}4T>:{,)7lhahMwP?h]lrOvpL?oz88(4P&u^E;uC~'pmC]z5NqG`. Amended by order of Dec. 23, 2020, eff. (2) by the party, if the party is not represented by an attorney, and must show the party's address, telephone number, and fax number, if any. (b) Proof of the existence of a one-way street sign is prima facie proof that the public thoroughfare on or alongside which the sign is placed was designated by proper and competent authority to be a one-way thoroughfare allowing traffic to go only in the direction indicated by the sign. Amended by order of Nov. 9, 1998, eff. An answer to an interrogatory inquiring about matters described in Rule194.2(c) and (d)that has been amended or supplemented is not admissible and may not be used for impeachment. Production of Documents Self-Authenticating (1999). Added by Acts 2003, 78th Leg., ch. The party seeking to avoid discovery has the burden of proving the objection or privilege. 197.1 Interrogatories. If it is confirmed to be necessary, the court can rule that it be required. This rule expressly states the obligation of parties and their attorneys to cooperate in conducting discovery, and to conduct discovery only as permitted by the rules. 167, Sec. Requests for Admission must be in writing, and each request has to be listed separately in the document. 2. Answers in amended and supplemental responses must be signed by the party under oath only if the original answers were required to be signed under oath. June 18, 2005. (d) Verification required; exceptions. 0000007074 00000 n 98-9136, dated August 4, 1998, 61 Tex. 1, eff. (c) Option to produce records. Rules about interrogatories during discovery are strict and complex, and failing to follow those rules can have serious repercussions. U1}9yp A party may serve on another party - no later than 30 days before the end of the discovery period - written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. 1059 (H.B. %PDF-1.4 % 0000003145 00000 n 0000004170 00000 n The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. 7. Telephone: 713-255-4422 17330 Preston Rd., Ste. Sept. 1, 1995. That ability is broad but not unbounded. Added by Acts 1995, 74th Leg., ch. >> TRAFFIC CONTROL DEVICE PRESUMED TO BE LAWFUL. A party may not use - at any hearing or trial - material or information withheld from discovery under a claim of privilege, including a claim sustained by the court, without timely amending or supplementing the party's response to that discovery.". Below is Rule 197, which details the guidelines and procedures for making and responding to interrogatories: 197.1 Interrogatories. }`\8.u*])( Fub ^=EZS. The total amount paid for the services was $_____ and the amount currently unpaid but which __________ has a right to be paid after any adjustments or credits is $_____. 679), Sec. Hiring a lawyer who is knowledgeable about the requirements and details of discovery will help a litigant avoid the difficulties that result from not handling interrogatories appropriately. ", 3. (b) Effect of signature on disclosure. Return of Service The officer's return or authorized person executing the citation shall be endorsed on or attached to the same; it shall state when the citation was served and the manner of service and be signed by the officer officially or by the authorized person. written interrogatories."). INTERROGATORIES TO PARTIES 197.2 Response to Interrogatories. (d) Any party may rebut the prima facie proof established under this section. 1. 18.002. An objection to authenticity must be made in good faith. S., Ste. See Loftin v.Martin, 776 S.W.2d 145 (Tex. (h) If continuing services are provided after a relevant deadline under this section: (1) a party may supplement an affidavit served by the party under Subsection (d) or (d-1) on or before the 60th day before the date the trial commences; and. stream 1, eff. The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session. (b) An affidavit concerning cost and necessity of services by the person who is in charge of records showing the service provided and the charge made is sufficient if it follows the following form: Before me, the undersigned authority, personally appeared ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed as follows: I am the person in charge of records of __________(PERSON WHO PROVIDED THE SERVICE)__________. If the responding party has specified business records, the responding party must state a reasonable time and place for examination of the documents. !QHn 6. Fax: 512-318-2462 UNSWORN DECLARATION. 197.3 Use. 0000004590 00000 n Fax: 210-801-9661 Sept. 1, 1987. 1. endstream endobj 320 0 obj <> endobj 321 0 obj <> endobj 322 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 323 0 obj <> endobj 324 0 obj <> endobj 325 0 obj <> endobj 326 0 obj <>stream September 1, 2013. Access Texas court rules online. Attached to this affidavit are records that provide an itemized statement of the service and the charge for the service that __________(PERSON WHO PROVIDED THE SERVICE)__________ provided to __________ (PERSON WHO RECEIVED THE SERVICE)__________ on __________(DATE)__________. Acts 1985, 69th Leg., ch. 0000001720 00000 n The rules listed below are the most current version approved by the Supreme Court of Texas. E-mail: info@silblawfirm.com, Austin Office The attached records are kept by me in the regular course of business. Jan. 1, 1999. If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, notice, response, or objection. (1) . (1) consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control. (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. The rules listed below are the most current version approved by the Supreme Court of Texas. 710 Buffalo Street, Ste. AFFIDAVIT CONCERNING COST AND NECESSITY OF SERVICES. In individual instances, courts may order, or parties may agree, to use discovery methods other than those prescribed in these rules if appropriate. HN@Htqtj0J|}g2sRR 7 Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. Xf]],b|EIX~~k rI)Qb*9VN@7qq 8ZVd6E9%p86>. (b) In this section, "communication" means: (3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses. The responding party should either provide responsive answers or state clearly and specifically where the litigant can find answers to their questions. (2) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Sec. trailer (e) Sanctions. ?_.|q6ypYUz+Pzq>!4 L1g-^j,hkTeH,XaTfUg+]7+Vi~nuRq4M? 0 September 1, 2019. Houston, TX 77018 J. (b) If any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, the court shall instruct the jury as to whether any recovery for compensatory damages sought by the claimant is subject to federal or state income taxes. Parties cannot by agreement modify a court order. As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual claims and defenses but may not be used to force a party to marshal evidence. /Name /ImagePart_0 Hn0wxslnRUVuH+J@}mLa8oA' %3.3 (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 by the earlier of: (1) 90 days after the date the defendant files an answer; (2) the date the offering party must designate any expert witness under a court order; or. (TRCP 197.2) Objections and Answers to Requests for Admissions 30 days from service, unless served before the defendant's answer is due, in which event the defendant has 50 days after service to respond. (b) Content of response. The records were made at or near the time or reasonably soon after the time that the service was provided. Court proceedings in Texas follow the rules and standards set forth by the Texas Supreme Court. [3c0g8qS eg63^fTdX`pa_`4``2c` g )p An objection to written discovery does not excuse the responding party from complying with the request to the extent no objection is made. Response to Interrogatories (2021). 18.032. Sec. Any admission made by a party under this rule may be used solely in the pending action and not in any other proceeding. 0000005926 00000 n Ask a Librarian for help if you have questions about locating or accessing Texas court rules.. Court Proceedings. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. a7 D~H} %%EOF Back to Main Page / Back to List of Rules, Rule 191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections (Aug. 1998). J. Interrogatories to Parties (Rule 197) 15 K. Requests for Admissions (Rule 198) 15 L. Depositions Upon Oral Examination (Rule 199) 15 1. . Amended by order of Nov. 9, 1998, eff. (3) is offered to prove liability of the communicator in relation to the individual. Further, amended Rule 190.2 increases the aggregate amount of oral deposition time permitted for expedited actions from 6 hours to 20 hours. A court can issue a temporary order requiring both spouses to prepare and file a separate sworn inventory and appraisement. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. (d) Verification required; exceptions. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. Acts 1985, 69th Leg., ch. 2060 North Loop West Ste. prescribe general rules of civil procedure for the district courts. Sept. 1, 1985. 0 CERTAIN INFORMATION RELATING TO IDENTITY THEFT. 4320 Calder Ave. Court Deadlines contains reference information and calculators for common deadlines in the federal rules of civil procedure. 954, Sec. (a) Except as provided by Subsection (b), an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law. A party may serve on another party no later than 30 days before the end of the discovery period - written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. 2. E-mail: info@silblawfirm.com, Corpus Christi Office 197.3 Use. 491 0 obj <>/Filter/FlateDecode/ID[<6ADF0B52107767438906AA8A157E5CE3><017ADB628E31A74FA7715554DD7FCD0D>]/Index[468 38]/Info 467 0 R/Length 110/Prev 343818/Root 469 0 R/Size 506/Type/XRef/W[1 3 1]>>stream Telephone: 409-240-9766 Back to Main Page / Back to List of Rules, Rule 197. If the answer to an interrogatory may be derived or ascertained from public records, from the responding party's business records, or from a compilation, abstract or summary of the responding party's business records, and the burden of deriving or ascertaining the answer is substantially the same for the requesting party as for the responding party, the responding party may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract or summary of the records. xb```"SVs eah`\v&.&Xp}a4m9ursq`+Tb>q#k!)v;ji"l/&-|y5K#&FXvMLs-}/8Lb# 0000006404 00000 n hVmo6+0DHE '[wKI5dH 319 0 obj <> endobj This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. 1, eff. September 1, 2007. (a) Time for Response. (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. R. Evid. A party who fails to diligently screen documents before producing them does not waive a claim of privilege. A responding party must sign the answers under oath except that: (1) when answers are based on information obtained from other persons, the party may so state, and. Request for Motion for Entry Upon Property (b) This presumption applies only to those surveys conducted by a surveyor duly appointed, elected, or licensed, and qualified. (a) Time for response. Sept. 1, 1985. 1, eff. Ms. (2) a party need not sign answers to interrogatories about persons with knowledge of relevant facts, trial witnesses, and legal contentions. Interrogatories about specific legal or factual assertions such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. STATE BAR OF TEXAS COMMITTEE ON COURT RULES REQUEST FOR NEW RULE OR CHANGE OF EXISTING RULE TEXAS RULES OF CIVIL PROCEDURE I. 752 (Sept. 1998), and Rule 215 are modified to reflect public comments and are adopted as attached. 248, Sec. HSj1W9Lz`6+qN6rIhaAURp]$P"p%^A`R 3O(eCY4NP1AXauzAvI#7\\\;AAcSnv>R'k2"u|R=tQayL}K"%I'DXm`,1V:GtkA q#c&_hqI+q`m{7&(,k]q@mgZCpvv)K=L\0*o U=RnOJ[z2C)Uzi_o"yd9L~E ^b 132.001. The Rules of Civil Procedure govern the proceedings in civil trials. 560 (S.B. Rule 191's requirement that a party's attorney sign all discovery responses and objections applies to interrogatory responses and objections. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit the requesting party to locate and identify them as readily as can the responding party. 777 Main Street, Ste. T+eh*NyJ]IA:6;7;vug;mVtM)o^A)*saDR`Y4rsi4-CRlj~ '! Telephone: 512-501-4148 See Tex. "Side" refers to all the litigants with generally common interests in the litigation. endstream endobj 328 0 obj <> endobj 329 0 obj <>stream 4. Disclaimer: The information presented on this site is for . COMMUNICATIONS OF SYMPATHY. endstream endobj 331 0 obj <>stream The service I provided was necessary and the amount that I charged for the service was reasonable at the time and place that the service was provided. 901(a). The revisions to the Texas Rules of Civil Procedure promulgated by Order in Misc. THE TEXAS RULES OF CIVIL PROCEDURE _____ ORDERED that: 1. You or your spouse can ask the court to require each party to prepare a sworn inventory and appraisement. (g) The party offering the counteraffidavit in evidence or the party's attorney must file written notice with the clerk of the court when serving the counteraffidavit that the party or attorney served a copy of the counteraffidavit in accordance with this section. 779 (H.B. P. 197.1 ("A party may serve on another party . (a) Time for response. (T*(B{TZhp{3;3#aur:% 1b#Z-@M_S *:hY^xP@30z@=AmR=7G9N* (9lBBBLa!4lda1L6sZ2N4HzV}!6v-CK_|o@*>746jDe (1) The expedited actions process in this rule applies to a suit in which all claimants, other than counter-claimants, affirmatively plead that they seek only monetary relief aggregating $ 100,000 250,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees excluding interest, statutory or The Code of Criminal Procedure governs criminal proceedings. Back to Main Page / Back to List of Rules. View Local Rules, Forms & Standing Orders, Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Statewide Rules Governing Electronic Filing in Criminal Cases, Judicial Branch Certification Commission Rules, Texas Disciplinary Rules of Professional Conduct, Judicial BypassRules under Ch. what does level 2 of rule 190 mean in the Texas Rules of civil procedure Answered in 2 minutes by: Lawyer: Daniel Solutions Here is the rule for level 2 pasted below: (1) Discovery period. Depositions /BitsPerComponent 1 Telephone: 817-953-8826 250 1. (a) Time for response. startxref 0000001444 00000 n Sec. 763), Sec. (e-1) Notwithstanding Subsection (e), if the party offering the affidavit in evidence serves a copy of the affidavit under Subsection (d-1), the party offering the counteraffidavit in evidence or the party's attorney must serve a copy of the counteraffidavit on each other party to the case by the later of: (1) 30 days after service of the affidavit on the party offering the counteraffidavit in evidence; (2) the date the party offering the counteraffidavit must designate any expert witness under a court order; or. What is a Request for Production, Inspection or Entry? Effective January 1, 2021, the Texas Supreme Court has made significant amendments to the Texas Rules of Civil Procedure. . Kathmandu is the nation's capital and the country's largest metropolitan city. The Australian Embassy is open from 08:30 - 16:30 Monday to Friday. Interrogatories are written questions which focus on any information relevant to the case. /Filter /JBIG2Decode It dispenses with objections to written discovery requests on the basis that responsive information or materials are protected by a specific privilege from discovery. 2. 3. (TRCP 198.2) Amending or Supplementing Responses to Written Discovery 30 days before trial or presumed not made reasonably promptly (TCRP See National Union Fire Ins. (d) Verification required; exceptions. (c) In this section, "traffic control device" includes a control light, stop sign, and one-way street sign. Use of the answers to such interrogatories is limited, just as the use of similar disclosures under Rule 194.6 is. {u-,gVP#'{W@=Q6o""u7l!R;_WC[eTb0aa,KQbZS#vuJ#n,Gz^rDGZg^W~nKp4Kd8 Sec. I am of sound mind and capable of making this affidavit, and personally acquainted with the facts herein stated. Exact wording of existing Rule: Rule 197. 1992), to the extent the two conflict. hbbd```b```RD(Hjl,X|Xd=L;``k6XD^Ad8XD\u@{=W Interrogatories To Parties (Aug1998). Jan. 1, 1999. The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. 978 (S.B. (a) This section applies to civil actions only, but not to an action on a sworn account. 1. If the certification is false without substantial justification, the court may, upon motion or its own initiative, impose on the person who made the certification, or the party on whose behalf the request, notice, response, or objection was made, or both, an appropriate sanction as for a frivolous pleading or motion under chapter 10 of the Civil Practice and Remedies Code. A responding party - not an agent or attorney as otherwise permitted by Rule 14 -must sign the answers under oath except that:". 1, eff.

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