Affidavit v. Affidavit

Reversing the Fifth Court, in Ortiz v. Nelapatla, the Texas Supreme Court analyzed a medical-expense affidavit that was only partially challenged by a counteraffidavit.

The supreme court held that “the unchallenged portions of the medical costs identified in the initial affidavit remain competent evidence and may be submitted to the factfinder.” The controverted portions must be redacted or otherwise set aside, but the uncontroverted portions — and, where appropriate, the counteraffidavit itself — remain admissible to prove that the unchallenged amounts were reasonable and necessary. No. 23-0953, May 1, 2026.