IN  RE:  ALL  ASBESTOS-RELATED  §    IN  THE  CIVIL  DISTRICT  COURTS
PERSONAL  INJURY  OR  DEATH  CASES  §    AND  COUNTY  COURTS  AT  LAW
FILED  OR  TO  BE  FILED  IN  §     
DALLAS  COUNTY,  TEXAS  §    OF  DALLAS  COUNTY,  TEXAS

MASTER  ASBESTOS CASE  MANAGEMENT  ORDER - 2001

     All asbestos-related personal injury or death cases filed or to be filed in a Civil

District Court or a County Court at Law in Dallas County, Texas ("asbestos cases")

are subject to the provisions of this order (with the exception of asbestos cases filed in

County Court at Law No. 4).1   On February 19, 1990, the Civil District Court Judges

adopted an order to establish a procedure to resolve numerous pre-trial matters which

the cases have in common, provide for an Asbestos Common Issues Judge ("Asbestos

Judge") and set the cases for trial in a coordinated manner.2   Subsequently, several

orders concerning the asbestos cases were entered by different Asbestos Judges.  The

purpose of this order is to consolidate the various case management orders into a

single order.  To the extent this order is in direct conflict with any previous orders, it

will supersede those orders.  Matters previously ruled upon by an Asbestos Judge

and not addressed in this order will not be superseded.3

     This order also establishes a unified procedure for processing uncontested motions

and orders that substitute attorneys, dismiss causes of actions, relate to bankruptcy

matters, and involve other pre-trial matters in all Dallas Civil District Courts and the

above designated County Courts at Law.  Nothing in this unified procedure allows the

Asbestos Judge or the attorneys to reset any trial date without the agreement of the

Judge of the court in which an asbestos case is pending.

I.  Common  Issues

     All pre-trial matters which raise common issues of law and/or fact will be heard

and determined by the Asbestos Judge.  The Asbestos Judge will enter an order with

respect to each of his or her decisions and this order will be deemed entered in all

cases in which the issue determined has been raised.  This order will have the same

force and effect in the case as if determined by the Judge of the court in which the

asbestos case is pending.  A motion or other pleading which raises an issue which is

unique to a particular case will be determined by the Judge of the court in which the

case is pending.4

Asbestos Motion Docket Procedure

     All motions concerning asbestos cases will be styled in the same manner as this

order and will be considered on a monthly asbestos motion docket, which will be held

on the third (3rd) Monday afternoon of each month in the Court of the Asbestos Judge

in accordance with a docketed agenda unless ordered to the contrary.

     Attorneys wishing to set a motion on the agenda of a monthly asbestos docket must

file the motion, together with all supporting documents and briefs, on or before the

first (1st) Monday of the desired month with the Court Administrator for the Asbestos

Judge ("Asbestos Court Administrator").   The attorney for the movant shall deliver

such motion, document and briefs to the law offices of the opposing attorneys on the

same day such motion is filed.  Attorneys wishing to respond to a motion shall file all

written responses, documents and briefs with the Asbestos Court Administrator by

Thursday of the following week and shall deliver such documents to the law offices of

the attorney for the movant on the same day such responses are filed.  Motions,

responses, documents and briefs will not be considered filed unless filed in accordance

with the above schedule.  Motions for summary judgment will be filed and responded

to in accordance with Texas Rule of Civil Procedure 166a.

     The agenda for the monthly asbestos motion docket will be posted on the bulletin

board outside the office of the Asbestos Court Administrator.  Copies of the agenda

will be available in the Asbestos Court Administrator's office.5

     All pleadings, motions, orders and other papers, including exhibits attached

thereto, when offered for filing with the Court Administrator, shall have three holes

prepunched on the left side of the pages to accommodate a three-hole binder.

II.  Trial  Schedule

     The Asbestos Judge will coordinate the Civil District Court and County Court at

Law dockets and establish a uniform trial schedule for asbestos cases.  The Asbestos

Judge will set the asbestos cases for trial on specially designated weeks and advise

each court of such settings.  These dates will be for asbestos cases only and are special

settings.  The order in which the cases are called for trial will be determined by the

Judge of the court in which the case is pending.6    (See Trial Dockets )

III.  Master  Asbestos  File

     The Master Asbestos File styled  IN RE: ALL ASBESTOS-RELATED

PERSONAL  INJURY OR DEATH CASES IN DALLAS COUNTY, TEXAS  will be

maintained by the Asbestos Court Administrator.  The Master Asbestos File is divided

into the following:

                                                  A.  Master Service List;

                                                  B.  Master Orders File;

                                                  C.  Master Discovery File;

                                                  D.  Master Pleadings File;

                                                  E.  Master Bankruptcy File.


A.  MASTER SERVICE LIST

     A Master Service List will be created and maintained by the Asbestos Court

Administrator.  Each party shall designate one attorney or law firm for service under

TEX. R. CIV. P. 21a.  Such designations shall be filed in the Master Asbestos File and

noted on the Master Service List.

     Parties may be served by regular mail, unless otherwise set forth in this Order or a

case specific scheduling order.  Any new counsel appearing in an asbestos case in

Dallas County shall inform the court clerk of his or her appearance in any asbestos

case which may be pending in such clerk's court and shall request the Asbestos Court

Administrator for inclusion on the Master Service List.  Counsel are responsible for

informing the clerks of the court of any changes in their addresses, telephone numbers

or telecopy numbers.  The Master Service List will be used by the clerks and court

administrators in providing notice of hearings, rulings, etc. in the asbestos cases.

The Master Service List does not apply to service of process in new lawsuits.

B.  MASTER ORDERS FILE

     Each order signed by an Asbestos Judge is filed and maintained in the Master

Orders File.  Because of the large number of asbestos cases pending in Dallas County,

it is impractical and unnecessary to have each order signed by the Asbestos Judge to

be entered of record in each and every Dallas County asbestos case.

C.  MASTER DISCOVERY FILE

     Written discovery requests and responses are virtually identical in many of the

asbestos cases.  In order to minimize duplication and unnecessary efforts, attorneys

shall file all discovery requests and responses which are not specific to an individual

asbestos case in the Master Discovery File.  Discovery that identifies general liability

witnesses and documents, general medical witnesses and documents, and general state

of the art witnesses and documents shall be filed in the Master Discovery file and not

in each specific case.7

D.  MASTER PLEADINGS FILE

     All pleadings, motions in limine and other motions relating to issues common to all

asbestos cases or to all to which a particular defendant is a party will be filed in the

Master Pleadings File and not in each case.  All parties shall file all motions relating to

general voir dire issues, general liability issues, general medical testimony issues and

general state of the art evidence in the Master Pleadings File.

E.  MASTER BANKRUPTCY FILE

     A Master Bankruptcy File has been set up as Cause Number 99-1814-C in the

court of the Asbestos Judge and will be maintained by the clerk of the court of the

Asbestos Judge.8  A party in asbestos case that is automatically stayed against a

bankrupt asbestos defendant may be proceed as to any co-defendants after all causes

of actions and claims brought by or against the bankrupt defendant in that case have

been severed and transferred to the Master Bankruptcy File.

       (See Bankruptcy for more information)            

IV.  Limitations

A.  PARTIES

     No petition may be filed with more than ten (10) injured plaintiffs/decedents as

parties in that case.  Any attorney, who files an asbestos case on behalf of more than

ten (10) injured plaintiffs/decedents, is subject to sanctions that may be imposed by the

Judge of the court in which such case is pending.

B.  PENDING CASES

     No Plaintiff may file or be a party in an asbestos-related case involving the same

injuries in more than one court.9  Any asbestos-related case pending in Dallas County,

Texas that involves the same injuries claimed in another pending case may be

dismissed upon proper notice.

C.  PRO HAC VICE

     A non-resident attorney is not eligible to participate pro hac vice in an asbestos-

related case in Dallas County, Texas if that attorney has participated in more than ten

(10) asbestos-cases in Texas during the preceding 12 month period.10

V.  Pre-Trial  Procedures

A.  DISCOVERY CONTROL PLAN

     Discovery in asbestos cases filed prior to January 1, 1999 shall be conducted

inaccordance with this order.  In cases filed after January 1. 1999, discovery shall be

conducted under Discovery Control Plan - Level 3 and in accordance with this order.

B.  FILING OF DOCUMENTS

     Discovery materials, exhibit lists, witness lists and cover letters shall be filed with

the Asbestos Court Administrator only.  Motions in limine shall be filed with the trial

court on the day of trial.

C.  PLEADINGS

1.  Short Form Pleadings

     Short form pleadings may be used in Dallas County asbestos cases.  After any party

files one or more versions of their standard petitions, answers, and all supplements or

amendments thereto, in the Master Pleading File, that party may use a short form

pleading in individual cases which clearly identifies the parties to the lawsuit and the

case in which it is filed.  The short form pleading shall reference and incorporate a

specific pleading filed in the Master Pleadings File.  Any short form pleading which

specifically references a form pleading filed in the Master Pleadings File, by title and

date of filing, shall be deemed to fully and completely incorporate all statements and

allegations contained in the form pleading referenced.11

2.  Answers

     Every defendant appearing in an asbestos case may file an answer in the usual

manner.  By appearing, each defendant is deemed to have pleaded all issues of

contribution and indemnity as to all of the defendants without the necessity of a

separate cross action.  Each defendant is also deemed to generally deny any cross

claim filed against it without further pleading.12

3.  Cross-claims and Counterclaims

     Whenever a defendant is non-suited, dismissed, or in any way released from an

asbestos case by a plaintiff, any cross-claim, counterclaim or other claim for relief

brought by a co-defendant against the defendant being non-suited or dismissed is

automatically deemed dismissed without further order of the court unless a party files

a written objection to the dismissal of that cross-claim or counterclaim within thirty

(30) days from the party's dismissal or non-suit by the plaintiff,13 or as soon as possible

if within thirty (30) days of trial.

D.  UNCONTESTED MOTIONS AND ORDERS IN MULTIPLE COURTS

     In order to consolidate as many parties and asbestos cases as practicable

into one motion and one order whenever the subject matter is uncontested or

agreed, all parties in asbestos cases will file with the clerk of the court of the

Asbestos Judge (68th District Court) a unified motion and a proposed unified

order.  This procedure applies to such matters as a motion to substitute

attorneys, motions to dismiss, non-suit or sever, etc. and bankruptcy matters.

The form of each Unified Motion and Order will be styled in the same manner

as this order and in substantially the same as the pre- approved forms attached

to this order so that each court and asbestos case will be listed chronologically

and the parties affected by the order are properly identified.

(See Unified Orders )

     The District Clerk is hereby ordered to file such motions in the Master

Asbestos File and enter all orders in the minutes of the 68th District Court.

The entry of an order by the District Clerk in the minutes of the court of the

Asbestos Judge will serve as an entry of an order in the minutes of the affected

court identified in the order and may be used in the appellate record as though

entered in each court.  The Asbestos Court Administrator will forward copies

of such orders to the appropriate courts for notation by the clerks of such

courts.

E.  PRODUCT IDENTIFICATION WITNESSES

     Master discovery responses, if applicable, will be prepared and filed in the

Master Discovery File within 30 days after the filing of master discovery

requests.  For cases filed after this order is signed, plaintiffs will serve answers

on opposing counsel (or if necessary file objections) in each such case within 90

days of the filing of the petition.

     All product identification witnesses shall be designated by name, address,

telephone number, products to be identified, and (so far as known to counsel)

all relevant job sites concerning which such witness will testify, at least sixty

(60) days before trial.  If a product identification witness is not designated sixty

(60) days before trial, and plaintiff's counsel is unwilling to proceed without the

late designated witness, that plaintiff's case will be continued to the next

asbestos trial docket in that court.  If other plaintiffs included in the same

cause number are ready for trial, a severance will be appropriate.14

F.  REQUESTS FOR ADMISSION

     If either party serves on any other party requests for admission on the issue

of product identification, answers to such requests shall be due either sixty (60)

days after such requests are served or thirty (30) days after that party's

answers to the master set of discovery are due, whichever is later in time.  If

such requests for admission on the issue of product identification are filed

within sixty (60) days of trial, the responding party is obligated to answer them

within thirty (30) days as set forth by the Texas Rules of Civil Procedure,

unless otherwise agreed between counsel.15

G.  DEPOSITIONS

     Each plaintiff shall be tendered for deposition at least sixty (60) days before

trial.  If a plaintiff is not deposed sixty (60) days before trial, and if that plaintiff

is later deposed and identifies additional products of defendants and/or job

sites, not previously identified in discovery, that plaintiff's case will be

continued to the next asbestos trial docket in that court or the plaintiff will be

excluded from offering any testimony or evidence regarding the additional

products or job sites.  If other plaintiffs included in the same cause number are

ready for trial, a severance will be appropriate.16

H.  NOTICE

     When a motion or other document is filed in the Master Asbestos File, the

counsel for the party filing such motion or other document shall serve notice of

its filing on the counsel of record for each plaintiff or defendant appearing in

any asbestos case.  If counsel represents more than one party, only one notice

to that counsel needs to be given.  A copy of the transmittal letter to the

Asbestos Court Administrator will serve as sufficient notice to counsel,

provided that the transmittal letter clearly identifies the document being

filed.  Copies of the actual motion or other document being filed must be

provided to the directly affected parties.  Any party may request a copy of the

document filed and the filing counsel shall promptly provide a copy to the

requesting party without charge.17

I.  BANKRUPTCY

     In order for a party to proceed in asbestos cases after receiving notice of an

automatic stay against a bankrupt defendant, the party shall file a unified

Motion for Severance in the Asbestos Court to sever all known causes of

action or claims brought by or against such bankrupt defendant from all

asbestos cases and transfer such causes of actions and claims into Cause

Number 99-1814-C.  After all causes of action or claims brought by or against

such bankrupt defendant have been severed and transferred into Cause

Number 99-1814-C, such party may proceed against the remaining defendants.

     Upon the release or discharge of the debtor/defendant from bankruptcy, an

asbestos party has ninety (90) days to advise the Asbestos Court that such

party wishes to proceed against such debtor/defendant in the court from which

the defendant was initially transferred.  Failure of a party to advise the

Asbestos Judge of that party's intent to proceed against such defendant within

ninety (90) days after such party receives notice of such release or discharge

will result in an automatic dismissal for want of prosecution of such party's

causes of action and claims against such defendant.18

J.  CUSTODIAL CARE OF FILINGS AND DOCUMENTS

     In order to secure the integrity of the asbestos court filings, the District

Clerk is hereby ordered to maintain a duplicate file, separate from the files

of the asbestos cases, which file will be: (a) styled in the same manner as is this

order; (b) assigned no specific cause number; and (c) entitled "Master Orders

File."  As documents are filed with the Asbestos Court Administrator and

orders are signed by the Asbestos Judge and provided to the District Clerk, the

District Clerk is ORDERED to enter and index each such order in the Master

Asbestos File, without the necessity of filing such orders in the file jackets of

the asbestos cases.  It is further ORDERED that the entry of such order in the

Master Asbestos File will have the same effect as to the trial and appellate

record as though each such order had been actually entered of record in each

of the asbestos cases.19

K.  JUDGE'S POWER TO MODIFY MANAGEMENT ORDER

     The provisions of this Master Asbestos Case Management Order may be

modified or waived in particular cases by the judge of the court where the case

is pending upon specific motion.20

          SIGNED this 27th day of November, 2001.


                                                            ____________________________________
                                                             HONORABLE GARY HALL




1.  Judge Bruce Woody has opted County Court at Law No. 4 out from any decision by an Asbestos Judge
     in setting trials and determining common issues.

2.  February 19, 1990 Order establishing IN RE: asbestos case procedure.

3.  November 4, 1994 Case Management Order No. 3.  Pre-trial orders relating to any Premise Liability
     Defendant, who was not a party to an asbestos case at the time of a ruling, are not binding on such
     Premise Liability Defendant.

4.  February 19, 1990 Order.

5.  February 16, 1998 Pretrial Order Regarding In Re: Pretrial Hearings.

6.  February 19, 1990 Order establishing the asbestos docket.

7.  July 25, 1990 Order Creating Master Discovery File. Copies of defendant's master interrogatories to plaintiff
     previously approved by the then Asbestos Judge Bill Rhea and plaintiffs' master interrogatories to the
     asbestos product defendants previously approved by the then Asbestos Judge Mark Whittington are filed in
     the Master Discovery File.

8.  March 15, 1999 Pre-trial Procedure Order. See also Wedgeworth v. Fibreboard Corp., 706 F. 2d 541      (1983) and In re Related Asbestos Cases, 23 B.R.523 (Bkrtcy. N.D. Cal. 1982)

9.  Applies only to future cases.  Does not include contract collection cases.

10.  Such participation is hereby deemed as appearing in courts in Texas on a frequent basis. See TEX. R.
       GOVERN. BAR ADM'N XIX.

11.  August 12, 1995 Pretrial Order Regarding Paperwork Reduction

12.  May 6, 1994 Second Amended Case Management Order

13.  May 6, 1994 Second Amended Case Management Order

14.  November 4, 1994 Case Management Order No. 3.

15.  January 23, 1992 Order.

16.  November 4, 1994 Case Management Order No. 3.

17.  May 6, 1994 Second Amended Case Management Order.

18.  March 15, 1999 Pre-trial Procedure Order

19.  June 25, 1990 Order Creating Master Orders File.

20.  November 4, 1994 Case Management Order No. 3.