theory_id,filing_id,theory,party,role,basis
383,53,Hostile witness exception under Tex. R. Evid. 611(c) — rebutted,Kassab,argument,"Kassab claims Favre is hostile due to (1) nonsuit, (2) attorney dispute, and (3) scheduling refusal. Pohl argues all three fail: nonsuit doesn't create hostility, attorney tension is not witness hostility, and scheduling issue occurred after questions were served."
385,54,Leading questions definition — must suggest specific desired answer,Kassab,argument,A question is leading only when it suggests which answer is desired; questions answerable yes/no are not leading unless they indicate which answer is preferred. Kassab's questions lack suggestive tag phrases.
386,54,Leading questions permissible to clarify prior testimony or refresh exhausted witness,Kassab,argument,"Even if questions were leading, they are permissible to clarify prior testimony or jog memory of an exhausted witness (Holbert, McCormick). Favre is exhausted and cannot sit for normal deposition."
387,54,Waiver of discovery objections under Tex. R. Civ. P. 193.2,Kassab,argument,"A responding party must state specifically the legal or factual basis for each objection at the time it is made. Pohl's boilerplate, prophylactic objections are waived for failure to comply."
388,54,Duty to use common sense in interpreting discovery requests,Kassab,argument,"Parties must give ordinary meanings to terms used in discovery even if undefined, and typos do not warrant vagueness objections when the question is otherwise comprehensible in context."