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Texas Rules of Civil Procedure

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Texas Rules of Civil Procedure Table of Contents PART I - GENERAL RULES RULE 1. OBJECTIVE OF RULES RULE 2. SCOPE OF RULES RULE 3. CONSTRUCTION OF RULES RULE 3a. LOCAL RULES RULE 4. COMPUTATION OF TIME RULE 5. ENLARGEMENT OF TIME RULE 6. SUITS COMMENCED ON SUNDAY RULE 7. MAY APPEAR BY ATTORNEY RULE 8. ATTORNEY IN CHARGE RULE 9. NUMBER OF COUNSEL HEARD RULE 10. WITHDRAWAL OF ATTORNEY RULE 11. AGREEMENTS TO BE IN WRITING RULE 12. ATTORNEY TO SHOW AUTHORITY RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS RULE 14. AFFIDAVIT BY AGENT RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS RULE 14c. DEPOSIT IN LIEU OF SURETY BOND PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS Section 1 - General Rules RULE 15. WRITS AND PROCESSES RULE 16. SHALL ENDORSE ALL PROCESS RULE 17. OFFICER TO EXECUTE PROCESS RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED RULE 18a. RECUSAL OR DISQUALIFICATION OF JUDGES RULE 18b. GROUNDS FOR DISQUALIFICATION OR RECUSAL OF JUDGES RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS RULE 19. NON-ADJOURNMENT OF TERM RULE 20. MINUTES READ AND SIGNED RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS RULE 21a. METHODS OF SERVICE RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVERY A COPY OF PLEADINGS AND MOTIONS RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS Section 2 - Institution of Suit RULE 22. COMMENCED BY PETITION RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY RULE 24. DUTY OF CLERK RULE 25. CLERK'S FILE DOCKET RULE 26. CLERK'S COURT DOCKET RULE 27. ORDER OF CASES Section 3 - Parties to Suits RULE 28. SUITS IN ASSUMED NAME RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION RULE 30. PARTIES TO SUITS RULE 31. SURETY NOT TO BE SUED ALONE RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED RULE 33. SUITS BY OR AGAINST COUNTIES RULE 34. AGAINST SHERIFF, ETC. RULE 35. ON OFFICIAL BONDS RULE 36. DIFFERENT OFFICIALS AND BONDSMEN RULE 37. ADDITIONAL PARTIES RULE 38. THIRD-PARTY PRACTICE RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION RULE 40. PERMISSIVE JOINDER OF PARTIES RULE 41. MISJOINDER AND NON-JOINDER OF PARTIES RULE 42. CLASS ACTIONS RULE 43. INTERPLEADER RULE 44. MAY APPEAR BY NEXT FRIEND Section 4 - Pleading A. General RULE 45. DEFINITION AND SYSTEM RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING RULE 47. CLAIMS FOR RELIEF RULE 48. ALTERNATIVE CLAIMS FOR RELIEF RULE 49. WHERE SEVERAL COUNTS RULE 50. PARAGRAPHS, SEPARATE STATEMENTS RULE 51. JOINDER OF CLAIMS AND REMEDIES RULE 52. ALLEGING A CORPORATION RULE 53. SPECIAL ACT OR LAW RULE 54. CONDITIONS PRECEDENT RULE 55. JUDGMENT RULE 56. SPECIAL DAMAGE RULE 57. SIGNING OF PLEADINGS RULE 58. ADOPTION BY REFERENCE RULE 59. EXHIBITS AND PLEADING RULE 60. INTERVENOR'S PLEADINGS RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES RULE 62. AMENDMENT DEFINED RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS RULE 64. AMENDED INSTRUMENT RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL RULE 66. TRIAL AMENDMENT RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION RULE 68. COURT MAY ORDER REPLEADER RULE 69. SUPPLEMENTAL PETITION OR ANSWER RULE 70. PLEADING: SURPRISE: COST RULE 71. MISNOMER OF PLEADING RULE 74. FILING WITH THE COURT DEFINED RULE 75. FILED PLEADINGS; WITHDRAWAL RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK RULE 75b. FILED EXHIBITS: WITHDRAWAL RULE 76. MAY INSPECT PAPERS RULE 76a. SEALING COURT RECORDS RULE 77. LOST RECORDS AND PAPERS Section 4 - Pleading B. Pleadings of Plaintiff RULE 78. PETITION; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT RULE 79. THE PETITION RULE 80. PLAINTIFF'S SUPPLEMENTAL PETITION RULE 81. DEFENSIVE MATTERS RULE 82. SPECIAL DEFENSES Section 4 - Pleading C. Pleadings of Defendant RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; ENDORSEMENT RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS RULE 85. ORIGINAL ANSWER; CONTENTS RULE 86. MOTION TO TRANSFER VENUE RULE 87. DETERMINATION OF MOTION TO TRANSFER RULE 88. DISCOVERY AND VENUE RULE 89. TRANSFERRED IF MOTION IS SUSTAINED RULE 90. WAIVER OF DEFECTS IN PLEADING RULE 91. SPECIAL EXCEPTIONS RULE 91a DISMISSAL OF BASELESS CAUSES OF ACTION RULE 92. GENERAL DENIAL RULE 93. CERTAIN PLEAS TO BE VERIFIED RULE 94. AFFIRMATIVE DEFENSES RULE 95. PLEAS OF PAYMENT RULE 96. NO DISCONTINUANCE RULE 97. COUNTERCLAIM AND CROSS-CLAIM RULE 98. SUPPLEMENTAL ANSWERS Section 5 - Citation RULE 99. ISSUANCE AND FORM OF CITATION RULE 103. WHO MAY SERVE RULE 105. DUTY OF OFFICER OR PERSON RECEIVING RULE 106. METHOD OF SERVICE RULE 107. RETURN OF SERVICE RULE 108. SERVICE IN ANOTHER STATE RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES RULE 109. CITATION BY PUBLICATION RULE 109a. OTHER SUBSTITUTED SERVICE RULE 110. EFFECT OF RULES ON OTHER STATUTES RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS OR STOCKHOLDERS OF DEFUNCT CORPORATIONS RULE 112. PARTIES TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND RULE 114. CITATION BY PUBLICATION; REQUISITES RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND RULE 116. SERVICE OF CITATION BY PUBLICATION RULE 117. RETURN OF CITATION BY PUBLICATION RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES RULE 118. AMENDMENT RULE 119. ACCEPTANCE OF SERVICE RULE 119a. COPY OF DECREE RULE 120. ENTERING APPEARANCE RULE 120a. SPECIAL APPEARANCE RULE 121. ANSWER IS APPEARANCE RULE 122. CONSTRUCTIVE APPEARANCE RULE 123. REVERSAL OF JUDGMENT RULE 124. NO JUDGMENT WITHOUT SERVICE Section 6 - Costs and Security Therefor RULE 125. PARTIES RESPONSIBLE RULE 126. FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE COUNTY OF SUIT RULE 127. PARTIES LIABLE FOR OTHER COSTS RULE 129. HOW COSTS COLLECTED RULE 130. OFFICER TO LEVY RULE 131. SUCCESSFUL PARTY TO RECOVER RULE 133. COSTS OF MOTION RULE 136. DEMAND REDUCED BY PAYMENTS RULE 137. IN ASSAULT AND BATTERY, ETC. RULE 138. COST OF NEW TRIALS RULE 139. ON APPEAL AND CERTIORARI RULE 140. NO FEE FOR COPY RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS RULE 142. SECURITY FOR COSTS RULE 143. RULE FOR COSTS RULE 143a. COSTS ON APPEAL TO COUNTY COURT RULE 144. JUDGMENT ON COST BOND RULE 145. PAYMENT OF COSTS NOT REQUIRED RULE 146. DEPOSIT FOR COSTS RULE 147. APPLIES TO ANY PARTY RULE 148. SECURED BY OTHER BOND RULE 149. EXECUTION FOR COSTS Section 7 - Abatement and Discontinuance of Suit RULE 150. DEATH OF PARTY RULE 151. DEATH OF PLAINTIFF RULE 152. DEATH OF DEFENDANT RULE 153. WHEN EXECUTOR, ETC., DIES RULE 154. REQUISITES OF SCIRE FACIAS RULE 155. SURVIVING PARTIES RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE RULE 158. SUIT FOR THE USE OF ANOTHER RULE 159. SUIT FOR INJURIES RESULTING IN DEATH RULE 160. DISSOLUTION OF CORPORATION RULE 161. WHERE SOME DEFENDANTS NOT SERVED RULE 162. DISMISSAL OR NON-SUIT RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC. RULE 165. ABANDONMENT RULE 165a. DISMISSAL FOR WANT OF PROSECUTION Section 8 - Pre-Trial Procedure RULE 166. PRE-TRIAL CONFERENCE RULE 166a. SUMMARY JUDGMENT RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS RULE 168. PERMISSION TO APPEAL RULE 169. EXPEDITED ACTIONS RULE 171. MASTER IN CHANCERY RULE 172. AUDIT RULE 173. GUARDIAN AD LITEM RULE 174. CONSOLIDATION; SEPARATE TRIALS RULE 175. ISSUE OF LAW AND DILATORY PLEAS Section 9 - Evidence and Discovery A. Evidence RULE 176. SUBPOENAS RULE 180. REFUSAL TO TESTIFY RULE 181. PARTY AS WITNESS RULE 183. INTERPRETERS RULE 185. SUIT ON ACCOUNT Section 9 - Evidence and Discovery B. Discovery RULE 190. DISCOVERY LIMITATIONS RULE 191. MODIFYING DISCOVERY PROCEDURE AND LIMITATION; CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS RULE 192. PERMISSIBLE DISCOVERY; FORMS AND SCOPE; WORK PRODUCT; PROTECTIVE ORDERS; DEFINITIONS RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO TIMELY RESPOND; PRESUMPTION OR AUTHENTICITY RULE 194. REQUESTS FOR DISCLOSURE RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY RULE 197. INTERROGATORIES TO PARTIES RULE 198. REQUESTS FOR ADMISSIONS RULE 199. DEPOSITIONS UPON ORAL EXAMINATION RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGN PROCEEDINGS RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN DEPOSITIONS RULE 204. PHYSICAL AND MENTAL EXAMINATION RULE 205. DISCOVERY FROM NON-PARTIES RULE 215. ABUSE OF DISCOVERY; SANCTIONS Section 10 - The Jury in Court RULE 216. REQUEST AND FEE FOR JURY TRIAL RULE 217. OATH OF INABILITY RULE 218. JURY DOCKET RULE 219. JURY TRIAL DAY RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET RULE 221. CHALLENGE TO THE ARRAY RULE 222. WHEN CHALLENGE IS SUSTAINED RULE 223. JURY LIST IN CERTAIN COUNTIES RULE 224. PREPARING JURY LIST RULE 225. SUMMONING TALESMAN RULE 226. OATH TO JURY PANEL RULE 226a. ADMONITORY INSTRUCTIONS TO JURY PANEL AND JURY RULE 227. CHALLENGE TO JUROR RULE 228. ACHALLENGE FOR CAUSE@ DEFINED RULE 229. CHALLENGE FOR CAUSE RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED RULE 231. NUMBER REDUCED BY CHALLENGES RULE 232. MAKING PEREMPTORY CHALLENGES RULE 233. NUMBER OF PEREMPTORY CHALLENGES RULE 234. LISTS RETURNED TO THE CLERK RULE 235. IF JURY IS INCOMPLETE RULE 236. OATH TO JURY Section 11 - Trial of Causes A. Appearance and Procedure RULE 237. APPEARANCE DAY RULE 237a. CASES REMANDED FROM FEDERAL COURT RULE 238. CALL OF APPEARANCE DOCKET RULE 239. JUDGMENT BY DEFAULT RULE 239a. NOTICE OF DEFAULT JUDGMENT RULE 240. WHERE ONLY SOME ANSWER RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS RULE 243. UNLIQUIDATED DEMANDS RULE 244. ON SERVICE BY PUBLICATION RULE 245. ASSIGNMENT OF CASES FOR TRIAL RULE 246.
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  • Case 2:12-Cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27

    Case 2:12-Cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27

    Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA HOWARD KEPHART and DIANE ) KEPHART, ) Civil Action No. 2:12-668 ) Plaintiffs, ) Judge Kim R. Gibson ) v. ) ) ABB, INC., ) ) Defendant; Third-Party ) Plaintiff, ) ) v. ) ) THE BABCOCK & WILCOX ) COMPANY, et al., ) ) Third-Party Defendants ) MEMORANDUM AND ORDER OF COURT I. Synopsis Before the Court in this matter are three motions: (1) a motion to dismiss (ECF No. 94) filed by Third-Party Defendants Babcock & Wilcox Company, Babcock & Wilcox Investment Company, and Babcock & Wilcox Power Generation Group (“B & W” or “B & W Defendants”); (2) a motion for partial summary judgment (ECF No. 108) filed by Defendant/ Third-Party Plaintiff ABB, Inc. (“ABB”); and (3) a motion for consolidation of oral argument (ECF No. 111) filed by Defendant/ Third-Party Plaintiff ABB, Inc. The primary issue argued by the parties is whether Pennsylvania’s statute of repose, 42 Pa. Cons. Stat. § 5536, provides protection from liability in this action to Third-Party Defendants B & W and to Defendant ABB. Based on the record before the Court and after Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 2 of 27 a careful review of Pennsylvania’s statute of repose and the relevant case law, the Court finds that the statute of repose bars ABB’s contribution claims against the B & W Defendants, but does not bar Plaintiffs’ products liability and negligence claims against ABB. Accordingly, and for the reasons explained below, the Court will GRANT B & W’s motion to dismiss and will DENY ABB’s motion for partial summary judgment.