Affidavits Concerning the Cost and Necessity of Services (Eff. for actions filed on or after Sept. 1, 2019)
HB 1693 amends several provisions in CPRC section 18.001. Specifically, the revisions provide that uncontroverted affidavits stating the amount a person charged for a service was reasonable at the time and place that the service was provided and the service was necessary “is not evidence of and does not support a finding of the causation element of the cause of action that is the basis for the civil action.”
HB 1693 requires the party (or the party’s attorney) offering the affidavit into evidence to serve a copy of the affidavit on all other parties no later than the earlier of: (a) ninety (90) days after the date the defendant files an answer; (b) the date the offering party must designate expert witnesses under a court order; or (c) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Regardless of the date the party offering the affidavit in evidence serves a copy of the affidavit, a party intending to controvert a claim reflected by the affidavit is required to serve a copy of the counteraffidavit on all other parties by the earlier of: (a) one hundred twenty (120) days after the date the defendant files its answer; (b) the date the party must designate expert witnesses under a court order; or (c) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure.
If services are provided for the first time after the defendant’s answer date, the party offering the affidavit must serve a copy of the affidavit on all other parties the earlier of: (a) the date the offering party must designate any expert witness under a court order; or (b) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. A party filing a counteraffidavit in response to affidavits for post-answer services must serve a copy of the counteraffidavit on all other parties by the later of: (a) thirty (30) days after the service of the affidavit on the party offering the counteraffidavit in evidence; (b) the date the party offering the counteraffidavit must designate expert witnesses under a court order; or (c) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure.
If continuing services are provided after a relevant deadline under section 18.001, a party may supplement the initial affidavit on or before the 60th day before the date the trial commences. A party that served a counteraffidavit may supplement the counteraffidavit on or before the 30th day before the date the trial commences.
A party offering affidavits or counteraffidavits into evidence is required to file notice with the court when serving a copy of the affidavit or counteraffidavits on the other party. HB 1693 also expressly authorizes the parties to alter all deadlines under section 18.001 by agreement or with leave of court.
Effective date: September 1, 2019. The changes in the law addressed in HB 1693 apply only to an action commenced on or after September 1st. (Quoted from “Legislative Update 2019: Litigation,” Texas Bar College)