2014 Flashcards
What procedural steps must be taken to initiate a civil suit against Defendants?
P must file an original petition to initiate suit against D. Petition must be accompanied by a civil case information sheet.
What action must be taken to ensure D is served properly (D is out of state), affording D appropriate due process notice of the Texas civil suit?
P must serve D, an out of state defendant, by serving the chairperson of the Texas transportation commission.
What pleading must D file to object to lawsuit being prosecuted in an improper venue?
D should file a motion to transfer venue before or concurrent with any other pleading.
What pleading must D file to object to being sued in improper venue and when must it be filed?
D should file a special appearance before any other pleading.
If venue is appropriately contested, what are counties of proper venue for P’s lawsuit?
Proper venue are where accident occurred, and the county of residence of the only Texas natural defendant (where there are also out of state defendants).
What must D file to properly raise the statutes of limitation issues and whem must it be filed?
Statute of limitations is an affirmative defense that must be raised in defendant’s answer. Amended answer must be filed without leave of court 7 days before trial.
What pleading must D file to keep the second suit from proceeding?
D should file a plea in abatement to prevent second suit from proceeding.
What are 5 tools of discovery authorized by the TRoCP?
Name 5 tools*
What types of discovery are available to P to determine whether D has insurance and the extend of the policy limits?
3 discovery tools available to P to determine if D has insurance are requests for disclosures, interrogatories, and requests for production.
Can D successfully assert work-product privilige where D’s insurance carrier recorded D describing what he witnessed during the accident?
D’s statements are always discoverable and no privilege applies to prevent disclosure of D’s recorded statement to his insurance carrier.
Can D successfully assert work product privilege as to each request where D’s attorney interviewed several people who saw the collision and its aftermath?
D could not assert work product privilege to the names and addresses of the witnesses, but could successfully assert the privilege to the notes taken during interview of the witnesses.
Can D file an interlocutory appeal of the court’s decisions where court denies D’s motion for summary judgement without conducting an oral hearing?
D could not file an interlocutory appeal from trial court’s denial of motion for summary judgement.
How should Court rule on P’s objection where D’s supplemental response failed to state a reason for delay of D’s expert?
Court should overrule P’s objectio to the late designation of D’s expert because P was aware of the expert, had the expert’s report, and deposed the expert. Therefore, P was not prejudiced by the late designation.
How should the court rule on D’s objections where P serves discovery reuquests on D’s seeking identity of trial witnesses?
Court should overrule D’s objections to P’s discovery requests for the identity of trial witnesses. D’s are required to disclose names and addresses of their witnesses.
What must P’s attorney do to preserve error regarding Court’s ruling on D’s motion in limine where D was indicted for domestic violence and it was eventually dismissed?
To preserve error on the trial court’s ruling on D’s motion in limine, P’s attorney was required to approach the bench, formally offer the evidence, and obtain a ruling before askihng D about indictment on cross-examination.
How should court rule on D’s objection where D objected to witnesses’ testimoney on the grounds that the expert’s opinion is on an ultimate issue to be determined by the jury?
Court should overrule D’s objection to the testimony of P’s expert because an expert’s otherwise admissible opinion testimony may embrace an ultimate issue.
