In this presentation, we will discuss the mechanics of filing and responding to affidavits under Texas Civil Practice and Remedies Code Chapter 18, highlighting issues that are percolating through the courts, while answering the “Five
W’s.”
- Why—What is the purpose of a Chapter 18 affidavit and counteraffidavit, and what is the effect of using
them? - What—What must be included in a Chapter 18 affidavit or counteraffidavit?
- Who—Who can be the signatory on a Chapter 18 affidavit or counteraffidavit?
- When—When are affidavits and counteraffidavits required to be served?
- Where—Where must the affidavits be served, and in what courts can they be used?
Finally, the paper will address appellate review of challenges to Chapter 18 affidavits.