The Texas Legislature by law of June 15, 2015, changed the way discovery is conducted regarding a defendant’s net worth.
See 41.0115 of the Texas Civil Practice and Remedies Code requires the party seeking net worth discovery to first demonstrate and obtain a finding from the trial court that there is a “substantial likelihood of success on the merits of a claim for exemplary damages.” Net worth now means the total assets of a defendant minus the total liabilities on a date determined appropriate by the trial court.
The question becomes when can a motion be presented and what evidence is submitted both pro and con and how soon the trial court rules before the trial date.
Does this statute make the law even clearer and easier to use?
We will see.
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