Thursday, December 16, 2021

Discovery of Medical Bills After the Discovery Deadline

  Rule 26(f)(2) of the Mississippi Rules of Civil Procedure specifically addresses the supplementation of expert opinions.  What happens when a Plaintiff gets treatment after the discovery deadline though?

 Obviously, billing and records associated with a plaintiff's ongoing medical treatment fit into this category of required supplementation. Treatment for medical conditions often does not fit neatly into prescribed legal deadlines and supplementation of this material on a "rolling" basis as the treatment is rendered is considered timely. The situation changes, however, when billings were not timely submitted at or near the time of treatment, but rather collected and submitted long after discovery is closed.




Wednesday, December 15, 2021

Tenants by the Entireties and Planning

 Tenants by the Entireties is a special deed form for married couples only.   It creates a separate entity that owns the real property and it is protected from actions by individual creditors of the husband or the wife.  Joint creditors of the husband and wife can still come after the property, but hey, just don’t co-sign anything with your spouse.  

With a tenants by the entireties deed the property is protected in bankruptcy for an unlimited amount of equity.   You are no longer limited to just the $75k homestead exemption protection. This is the deed form the legislature created for the protection of the marital home.  There is a two year look back period in bankruptcy so you need to plan ahead and do it now.