Texas Civil Practice & Remedies Code - Section 18.001. Affidavit Concerning Cost And Necessity Of Services
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 18.001. Affidavit Concerning Cost And Necessity Of Services
Section: 17.066 17.067 17.068 17.069 17.091 17.092 17.093 18.001 18.002 18.031 18.032 18.033 18.061 18.062 18.091
§ 18.001. AFFIDAVIT CONCERNING COST AND NECESSITY OF
SERVICES. (a) This section applies to civil actions only, but not
to an action on a sworn account.
(b) Unless a controverting affidavit is filed as provided by
this section, an affidavit that the amount a person charged for a
service was reasonable at the time and place that the service was
provided and that the service was necessary is sufficient evidence
to support a finding of fact by judge or jury that the amount
charged was reasonable or that the service was necessary.
(c) The affidavit must:
(1) be taken before an officer with authority to
(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
(d) The party offering the affidavit in evidence or the
party's attorney must file the affidavit with the clerk of the court
and 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.
(e) A party intending to controvert a claim reflected by the
affidavit must file a counteraffidavit with the clerk of the court
and serve a copy of the counteraffidavit on each other party or the
party's attorney of record:
(1) not later than:
(A) 30 days after the day he receives a copy of
the affidavit; and
(B) at least 14 days before the day on which
evidence is first presented at the trial of the case; or
(2) with leave of the court, at any time before the
commencement of evidence at trial.
(f) The counteraffidavit must give reasonable notice of the
basis on which the party filing it intends at trial to controvert
the claim reflected by the initial affidavit and must be taken
before a person authorized to administer oaths. The
counteraffidavit must be made by a person who is qualified, by
knowledge, skill, experience, training, education, or other
expertise, to testify in contravention of all or part of any of the
matters contained in the initial affidavit.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 3.04(a), eff. Sept. 1, 1987.
Last modified: August 11, 2007