Texas § IN.443.054 - PROCEEDINGS FOR EXPEDITED TRIAL

§ IN.443.054. PROCEEDINGS FOR EXPEDITED TRIAL

PROCEEDINGS FOR EXPEDITED TRIAL: CONTINUANCES, DISCOVERY, EVIDENCE. (a) The receivership court shall proceed to hear the case on the petition to commence a formal delinquency proceeding at the time and date set forth for trial. To the extent practicable, the receivership court shall give precedence to the matter over all other matters. To the extent authorized by law, the receivership court may assign the matter to other judges if necessary to comply with the need for expedited proceedings under this chapter. (b) Continuances for trial may be granted only in extreme circumstances. (c) The receivership court shall admit into evidence, as self-authenticated, certified copies of any of the following when offered by the commissioner: (1) the financial statements made by the insurer or an affiliate; (2) examination reports of the insurer or an affiliate made by or on behalf of the commissioner; and (3) any other document filed with any insurance department by the insurer or an affiliate. (d) The facts contained in any examination report of the insurer or an affiliate made by or on behalf of the commissioner are presumed to be true as of the date of the hearing if the examination was made as of a date not more than 270 days before the date the petition was filed. The presumption is rebuttable, and shifts the burden of production and persuasion to the insurer. (e) Discovery is limited to grounds alleged in the petition and shall be concluded on an expedited basis. Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157 ), Sec. 1, eff. September 1, 2005. Redesignated from Insurance Code - Not Codified, Art/Sec 21A.054 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636 ), Sec. 3B.004(a)(1), eff. September 1, 2007. Redesignated from Insurance Code - Not Codified, Art/Sec 21A.054 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167 ), Sec. 9.004(a)(1), eff. September 1, 2007.