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Published on November 23rd, 2012 | by The Jury Rules


Essential Evidence: Admit Them or You Lose

By essential evidence, I mean those documents that are essential to establishing an element of your claim or defense.  For example, in Texas under the Civil Practice & Remedies Code as a prerequisite to recover attorneys’ fees you must present your claim.  C.P.R.C. 38.002(2).  Moreover, Texas law is clear that failing to admit evidence of presentment is fatal to your claim for attorneys’ fees.  Great Am. Ins. v. North Austin MUD, 908 S.W. 2d 415, 427 (Tex. 1995).  Thus, your presentment exhibits are essential evidence.

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