MESSAGE IN A TABLE

The New Rules of Civil Procedure
by Susan Underwood

As of January 1, 1999, the Supreme Court’s revisions to the Texas Rules of Civil Procedure went into effect. From the words of Laina Bartlow, CLA, speaking at a seminar not long ago in Amarillo, Texas: "Nobody really likes change. It strikes fear in the hearts of young and old. We like those well-worn, familiar paths, and we do not respond happily when we are detoured into unknown territory. Suddenly, our security and confidence are shaken, and we lose our bearings. We also lose our pleasant dispositions. What we could previously breeze our way through now takes time and study and starting all over again."

The purpose of the revisions were meant to (1) limit the volume of discovery in an attempt to curb abuses and reduce cost and delay, (2) modernize and streamline current discovery practice and (3) reorganize and reword a number of the current discovery rules in an effort to improve clarity, accessibility and understanding.

The table below, created by Laina Bartlow, CLA, compares the old rules with the new. This indeed is the handbook for locating and mastering the new rules.

OLD #	SUBJECT OF RULE	NEW #
166	Pretrial Conference	166
166a	Summary Judgment	166a
166b	OLD: Forms and Scope of Discovery Scope: Medical Records Land Protective Orders Supplementation NEW: Permissible Discovery: Forms and Scope; Work Product; Protective orders; Definitions	192 194.2 (j-k) 196.7 192.6 193.5 192
166c	Stipulations Regarding Discovery Procedure	191.1
167	Discovery and Production of Documents and things for Inspection, Copying, or Photographing	196
167a	Physical and Mental Examination of Persons	204
168	Interrogatories to Parties	197 190.2(c)(3) 190.3(b)(3) 190.4(b)(3)
169	Requests for Admissions	198
171	Mastery in Chancery	171
172	Audit	172
173	Guardian Ad Litem	173
174	Consolidation; Separate Trials	174
175	Issues of Law and Dilatory Pleas	175
176	OLD: Witnesses Subpoenaed
176	NEW: Subpoenas	176
177	Form of Subpoena	176
177a	Subpoena for Production of Documentary Evidence	176
178	Service of Subpoenas	176
179	Witness Shall Attend	176
180	Refusal to Testify	180
181	Party as Witness	181
183	Interpreters	183
185	Suit on Account	185
187	Depositions to Perpetuate Testimony	202
188	Depositions in Foreign Jurisdictions	201
200	Depositions Upon Oral Examination	199
201	Compelling Appearance; Production of Documents and Things; Deposition of Organization	199.2
202	Non-Stenographic recording; Deposition by Telephone	199.1
203	Failure of Party or Witness to Attend or to Serve Subpoena; Expenses	215.5
204	Examination, Cross-Examination, Objections	199.5
205	Submission to Witness; Changes; Signing	203.1
206	Certification by Officer; Exhibits; Copies; Notice of Delivery	203.2 203.3 203.4
207	Use of Deposition Transcripts in Court Proceedings	203.5 203.6
208	Depositions Upon Written Questions	200
209	Retention and Disposition of Deposition Transcripts and Depositions Upon Written Questions	203.4
737	Bill of Discovery	202

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