Legal Question in Personal Injury in Texas

Small claims Case

I have filed a case in small claims court for an accident against a large company. They have sent me a questionare. I believe that I have to answer this. Do I have the right to ask for all of their evidence, as well? I naively gave a statement over the phone to their insurance co. and would like a copy of that discussion.


Asked on 8/01/01, 11:41 am

2 Answers from Attorneys

Ralph Gustafson The Gustafson Firm

Re: Small claims Case

The questions that the defendant sent to you are considered Interrogatories (really just questions). As a small claims court 'pro se' (representing yourself) Plaintiff, you do have the right to ask Interrogatories (questions) of that Defendant with the number of those Interrogatories (questions) being limited to 25 including subparts. (If the Defendant asked you more than 25 [including subparts] you should not have to answer any of those questions after the 25th question. Should they have propounded [asked] more than 25 questions [including subparts to you], I would suggest that in answer to any of the questions that may fall above 25 your merely answer 'Do not have to answer. The number of questions contained in this set of questions/Interrogatories exceed the number prescribed by the Texas Rules of Civil Procedure.')

You do have a right to obtain a copy of your statement. You should request a copy of the same be provided to you in accordance with the Texas Rules of Civil Procedure.

Good Luck.

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Answered on 8/01/01, 12:55 pm
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Small claims Case

Although small claims courts are designed for individuals to deal with disputes without the necessity of an attorney, it appears that the other side has one representing it. The interrogatories sent to you are required to be answered or else you suffer severe consequences. How they are written, the number written, etc. determines how many are to be answered and whether objections are to be made to others. At this point I would suggest that you contact an attorney to help you. Trying to understand all the rules of procedure and evidence is a difficult thing for the untrained.

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Answered on 8/01/01, 3:08 pm


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