2012

Question 1

Assuming D’s contest venue, what re the counties of proper venue for P’s lawsuit?

Answer 1

Where D’s reside and county of accident are counties of proper venue.

Question 2

What pleadin must D’s file in order to avoid entry of a default judgement against them and when must that pleading be filed?

Answer 2

D’s must file answers before 10 am the monday following the expiration of 20 days after service.

Question 3

What pleading must D file in order to assert its corporate status and protect its shareholders from individual liiability?

Answer 3

D must file a sworn denial to assert its corporate status and protect its shareholders. D has to assert in sworn denial that it had been sued in the wrong capacity.

Question 4

What pleadings must D file to bring alleged defense to attention of the court and when should it be filed?

Answer 4

D has to file a pleading asserting affirmative defense of release. Pleading should be filed within 7 days before trial.

Question 5

What pleading must D file in order to secure a jury question on D’s liabilityk if any for the accident?

Answer 5

D could file a motion to designate D as a responsible third party. D could also motion to add D as a third party defendant.

Question 6

Name 5 types of discovery authorized by the TRoCP.

Answer 6

5 types of discovery*

Question 7

What documents can P serve upon D to secure names of potential witnesses to accident?

Answer 7

P’s lawyer could serve reqeusts for disclosure to obtain names of witnesses. counsel could also serve interrogatories and requests for production of documents to obtain same info.

Question 8

D objects to request for production of its attorney’s notes as being protected from discovery. How should court rule?

Answer 8

Court should sustain D’s objection because its attorney’s notes were privileged work product.

Question 9

How should court rule on P’s objections to request for admissions and interrogatories?

Answer 9

Court should sustain P’s objection to the interrogatories, which are limited to 25. Trial court should overrule P’s objection to the request for admissions which are unlimited.

Question 10

How should court rule on assertion of privilege?

Answer 10

Court should overrule D’s objection to production of the photographs becuase they are subjject to discovery.

Question 11

P objects to the interrogatories on the basis of invasion of privacy, immateriality, and relevancy. How should the court rule?

Answer 11

D’s should file amended answers to allege P’s comparative responsibility as the proximate cause of the accident.

Question 12

What pleading should D’s file in order to support a jury question on P’s responsibility if any for causing the accident?

Answer 12

D should file amended answers to allege PP’s comparative responsibility as the proximate cause of the accident.

Question 13

D’s object on the basis that the reecords are hearsay as to them, though they could be used against other D. How should the court rule?

Answer 13

Cour tshould overrule D’s objection to D’s records because the records fall within the business records exception to hearsay. Records were admissible against all D’s.

Question 14

What pleading should D fiile to bring to the court’s attention the issue of no factual or legal basis for P’s claims against D?

Answer 14

D should file a no evidence motion for summary jjjdugement alleging P has no evidednce to support elements of cause of action against D. D could also file a traditional motion for summary judgement.

Question 15

P seeks production of D’s statement. D objjects to the production of the statement because D was not authorized to give a statement and therefore it cannot be admissible against D and statement is privileged because it was given during an internal investigation by D. How should court rule?

Answer 15

Objection to production of D’s statement should be overruled because it is discoverable as a witness statement and as a statement of a person with knowledge, and is material as to notice of the dangerous condition.

Question 16

D objects to the trial setting where cour tsets the case for trial for the first time with 30 days notice to all counsel. How should court rule?

Answer 16

D’s objjection to the trial setting should be sustained because parties are entitled to 45 days notice of the first setting.

Question 17

What pleading should D file to prevent matters from being discussed during voir dire or opening statements?

Answer 17

D should file a motion in limine and request a hearing on the motion.

Question 18

Is trial court authorized to limit parties to an equal number of peremptory strikes under circumstances where court limited D’s preemptory strikes to 4?

Answer 18

Court was not authorized to limit peremtpry challenges becca use, abestnan agreement, all parties are entitled to 6 peremptory challnges in a civil case. Circumstances under which court could equalize jury strikes by increasing number of strikes.

Question 19

Is trial court authorized to grant motion for judgement notwithstanding the verdict in spite of the fact that it overruled motion for directed verdict?

Answer 19

Trial court could grand a JNOV regardless of its prior denial of a motion for directed verdict.

Question 20

Following entry of a judgment by the trial court finding D liable, D filed a motion for new trial. Asumingno other action is taken by any party, and the trial court does not rule on the motion for new trial, when will the judgement become final?

Answer 20

Judgement is final after 75 days from the signing of the judgement. Trial court has power to reconsider motion for new trial up to 105 days form the date of judgement.