THE LATEST TRAP FOR THE UNWARY: Some Procedural Pitfalls-and Advantages-in the SOAH Rules

• The State Office of Administrative Hearings
• First things first: Figure out whose rules apply
• Discovery
• Interrogatories: 60 Available-Use Them All
• Don't Miss the Deadline for Your Discovery Responses: 20 Days From Service
• Remember to Object to Discovery Requests on Time: 10 Days From Service
• Don't Waive Your Right to a Motion to Compel: Ten Days After Objections
• Motions and Pleadings: File Motions With an Eye Toward SOAH's Deadlines
• Filing and Service of Documents Under SOAH Rules
• Facsimile Filings
• Service of Documents on Parties
• A Bridge to the 21st Century: Electronic Service of Documents
• Motions for Summary Disposition vs. Motions for Summary Judgment
• Witnesses Allowed to Deliver Prefiled and/or Telephonic Testimony
• Watch Out for Changes in the Rules
• Conclusion

Abstract

Just when you thought you'd untangled liens under Chapter 53 of the TEXAS PROPERTY CODE, unlocked the mysteries of the "modified total cost method" damages calculation, and examined every nook and cranny in the AIA's A201-1997 General Conditions, the call comes in. A client has a dispute and asks you to handle his case at the State Office of Administrative Hearings ("SOAH"). Fearing, naturally, that turning down this one client will forever change the complexion of your practice for the worse, you readily agree to take the case and head boldly where no one in your firm has gone before.

What you may learn as you press onward into the maze of dispute resolution before SOAH is a twist on a maxim often stated by contractor clients everywhere: "He who has the gold makes the rules." In the SOAH context, the saying might better be phrased this way: He who understands the rules makes off with the gold.

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