10. Civil Process (25Q) Flashcards
Question 1 of 25 - BPOC 14 Civil Process
Citations may be issued by ______________________.
District court
County court
Justice court
All of these
None of these
All of these
Question 2 of 25 - BPOC 14 Civil Process
A ______________ (Eviction) – allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute.
Writ of repossession
Writ of duces tectum
Writ of certiorari
Writ of possession
Writ of possession
Review: Writ Of Possession (Eviction) – allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute.
Question 3 of 25 - BPOC 14 Civil Process
________________ is an order instructing a debtor to turn over non-exempt property in the debtor’s possession or subject to the debtor’s control.
Turnover Order
Disclosure Citation
Forfeiture Order
None of these
Turnover Order
Review: CPRC §31.002
Question 6 of 25 - BPOC 14 Civil Process
The officer serving a Writ of Certiorari delivers records from the lower court to the higher court, in addition to the writ.
False
True
Review: TRCP (506.4) WRIT OF CERTIORARI (f) Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs has been filed, the clerk must issue a writ of certiorari to the justice court and citation to the adverse party.
False
Review: TRCP (506.4) WRIT OF CERTIORARI (f) Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs has been filed, the clerk must issue a writ of certiorari to the justice court and citation to the adverse party.
Question 13 of 25 - BPOC 14 Civil Process
If the person refuses to open the door or hides from the officer serving a Writ of Habeas Corpus, the officer may not simply post the writ in a conspicuous part of the house where the person lives or is hiding, or where the prisoner is being confined.
True
False
False
Question 14 of 25 - BPOC 14 Civil Process
Writs and process expire within 30 days of issuance.
False
True
True
Review: TRCP (105) DUTY OF OFFICER OR PERSON RECEIVING The officer or authorized person to whom process is delivered shall endorse thereon the day and hour on which he received it, and shall execute and return the same without delay.
Question 15 of 25 - BPOC 14 Civil Process
A writ issued from a court of competent jurisdiction to another court to command performance of a specific duty which a person is entitled to have performed.
Writ of Execution
Writ of Garnishment
Writ of Habeas Corpus
Writ of Mandamus
Writ of Possession
None of these
Writ of Mandamus
Question 17 of 25 - BPOC 14 Civil Process
A ______________________ is a writ issued by an appellate court directing a lower court to deliver the record(s) in a case for review, and is issued after a final judgment has been rendered and the losing party is claiming the trial court didn’t have jurisdiction to hear the case, or the judgment caused an injustice to the losing party that was not caused by the losing party’s negligence.
Writ of Assistance
Note verbale
Writ of Certiorari
None of these
Writ of Certiorari
Review: TRCP (506.4) WRIT OF CERTIORARI (a) Application. Except in eviction cases, after final judgment in a case tried in justice court, a party may apply to the county court for a writ of certiorari. (b) Grounds. An application must be granted only if it contains a sworn statement setting forth facts showing that either: (1) the justice court did not have jurisdiction; or (2) the final determination of the suit worked an injustice to the applicant that was not caused by the applicant’s own inexcusable neglect. (c) Bond, Cash Deposit, or Sworn Statement of Inability to Pay Required. If the application is granted, a writ of certiorari must not issue until the applicant has filed a bond, made a cash deposit, or filed a Statement of Inability to Afford Payment of Court Costs that complies with Rule 145. (d) Time for Filing. An application for writ of certiorari must be filed within 90 days after the date the final judgment is signed. (e) Contents of Writ. The writ of certiorari must command the justice court to immediately make and certify a copy of the entries in the case on the docket, and immediately transmit the transcript of the proceedings in the justice court, together with the original papers and a bill of costs, to the proper court. (f) Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs has been filed, the clerk must issue a writ of certiorari to the justice court and citation to the adverse party. (g) Stay of Proceedings. When the writ of certiorari is served on the justice court, the court must stay further proceedings on the judgment and comply with the writ. (h) Cause Docketed. The action must be docketed in the name of the original plaintiff, as plaintiff, and of the original defendant, as defendant. (i) Motion to Dismiss. Within 30 days after the service of citation on the writ of certiorari, the adverse party may move to dismiss the certiorari for want of sufficient cause appearing in the affidavit, or for want of sufficient bond. If the certiorari is dismissed, the judgment must direct the justice court to proceed with the execution of the judgment below. (j) Amendment of Bond or Oath. The affidavit or bond may be amended at the discretion of the court in which it is filed. (k) Trial De Novo. The case must be tried de novo in the county court and judgment must be rendered as in cases appealed from justice courts. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial.
Question 18 of 25 - BPOC 14 Civil Process
Service of a citation is not complete until the document is returned to the court. District and county court citation returns must be on file ______ days before the court can proceed with the case.
10
5
3
30
10
Question 20 of 25 - BPOC 14 Civil Process
In a criminal case, if a person refuses to comply with a subpoena, a _________________ may be issued commanding a peace officer to bring the witness to court to testify.
Writ of Avada Kedavra
Writ of Habeas Corpus
Writ of Assistance
Writ of Attachment
None of these
Writ of Attachment
Review: CCP (24.11) REQUISITES OF AN “ATTACHMENT”. An “attachment” is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named, or forthwith, to testify in behalf of the State or of the defendant, as the case may be. It shall be dated and signed officially by the officer issuing it.
Question 21 of 25 - BPOC 14 Civil Process
A writ authorizing entry and retrieval of necessary personal property for a person or their dependent because the current occupant is denying the person entry to their current or former residence.
Writ of Retrieval
Writ of Restoration
Writ of Reentry
Writ of Execution
None of these
Writ of Retrieval
Review: PC §24A.002
Question 22 of 25 - BPOC 14 Civil Process
Every subpoena must be issued in the name of “The State of Texas” and must:
All of these
state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2
identify the person to whom the subpoena is directed
state the style of the suit and its cause number
state the court in which the suit is pending
state the date on which the subpoena is issued
state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2
Review: TRCP (176.1) Form. Every subpoena must be issued in the name of “The State of Texas” and must: (e) state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;
Question 23 of 25 - BPOC 14 Civil Process
________________ is a writ directing a party to appear and show why a dormant judgment against him should not be revived, or directing the heirs or the administrator of a deceased party’s estate to appear and proceed with the case.
Writ of Habeas Corpus
Writ of Mandamus
Writ of Scire Facias
None of these
Writ of Scire Facias
Case Text: Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.
Review:
CPRC (31.006) REVIVAL OF JUDGMENT. A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.
TRCP (151) DEATH OF PLAINTIFF If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon suggestion of such death being entered of record in open court, may be made plaintiff, and the suit shall proceed in his or their name. If no such appearance and suggestion be made within a reasonable time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney, shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring him to appear and prosecute such suit. After service of such scire facias, should such heir or administrator or executor fail to enter appearance within the time provided, the defendant may have the suit dismissed.
(152) DEATH OF DEFENDANT Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.
