Texas Civil Practice & Remedies Code - Section 42.005. Supreme Court To Make Rules
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Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 42.005. Supreme Court To Make Rules
§ 42.005. SUPREME COURT TO MAKE RULES. (a) The supreme
court shall promulgate rules implementing this chapter. The rules
must be limited to settlement offers made under this chapter. The
rules must be in effect on January 1, 2004.
(b) The rules promulgated by the supreme court must provide:
(1) the date by which a defendant or defendants must
file the declaration required by Section 42.002(c);
(2) the date before which a party may not make a
settlement offer;
(3) the date after which a party may not make a
settlement offer; and
(4) procedures for:
(A) making an initial settlement offer;
(B) making successive settlement offers;
(C) withdrawing a settlement offer;
(D) accepting a settlement offer;
(E) rejecting a settlement offer; and
(F) modifying the deadline for making,
withdrawing, accepting, or rejecting a settlement offer.
(c) The rules promulgated by the supreme court must address
actions in which there are multiple parties and must provide that if
the offering party joins another party or designates a responsible
third party after making the settlement offer, the party to whom the
settlement offer was made may declare the offer void.
(d) The rules promulgated by the supreme court may:
(1) designate other actions to which the settlement
procedure of this chapter does not apply; and
(2) address other matters considered necessary by the
supreme court to the implementation of this chapter.
Added by Acts 2003, 78th Leg., ch. 204, § 2.01, eff. Sept. 1,
2003.
Section: 41.011 41.012 41.013 42.001 42.002 42.003 42.004 42.005 51.001 51.002 51.011 51.012 51.013 51.014 51.015
Last modified: August 11, 2007
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