Anita Clark

Summary

The Texas Supreme Court held that the trial court abused its discretion by allowing the testimony of an undisclosed liability witness without a showing of good cause under Rule 215(5) and that the parties waived any objection to that testimony by failing to object at trial, thus the error was not preserved. The Court reversed the Court of Appeals' judgment and remanded for further proceedings, noting a new rule that objections to undisclosed testimony must be made at trial. Justice Gonzalez dissented, arguing that the waiver rule is too rigid and that the pre‑trial motion should preserve error.