2017

Question 1

In Texas, which counties are proper to file suit?

Answer 1

1. Where an accident occurred.
2. Where the defendant resides.
3. Where the defendant maintains its principal place of business.

Question 2

What motion must be filed to transfer/challenge venue and when must it be filed?

Answer 2

Defendant should file motion to transfer venue prior to or concurrently with answers, if failed to do so, D waives right to challenge venue.

Question 3

What are 5 forms of discovery?

Answer 3

1. Request for Disclosure.
2. Request for production.
3. Request for admission.
4. Interrogatories.
5. Oral Depositions.
6. Written Depositions.
7. Physical/Mental Examination.
8. Request for entry upon and examination of real property.

Question 4

What action must be taken against an improper request for written interrogatories?

Answer 4

Could make a written objection to the discovery request. OR Could file a motion for protective order. Must respond within 30 days of being served with discovery request and allege the request was irrelevant, overly broad, or imposed an unreasonable burden.

Question 5

What tools in court can be used to obtain medical records from all health care providers who treated a party for injuries?

Answer 5

Requests for disclosure or requests for production served on the party. OR Written deposition with a subpoena duces tecum to the health care providers.

Question 6

What discovery tools can be used to obtain information about purely consulting experts employed by a party to assist in the defense/offense of a case?

Answer 6

Discovery information from purely consulting experts is not available to the seeking party.

Question 7

Must issue of contributory/comparative negligence be raised before trial and, if so, how must it be raised?

Answer 7

Party is required to raise, in answer or amended answer, affirmative defense of contributory/comparative negligence at least 7 days before trial.

Question 8

In which county or counties may a defendants deposition be taken?

Answer 8

Deposition of D could be taken in county of residence. It could also be taken in the county of suit.

Question 9

Do TRoCP permit D’s attorney to instruct D not to answer questions regarding personal, private matters related to political and religious beliefs?

Answer 9

D’s attorney could instruct D to not answer harassing or abusive questions during the deposition.

Question 10

What action can be taken to independently verify nature and extent of D’s medical condition and when must it be taken?

Answer 10

P could move for order compelling D to submit to a physical examination. Order must be requested no later than 30 days before end of discovery period, P must show good cause and that D’s physical condition was in controversy.

Question 11

What must be done by P to ensure a jury trial and when must it be done?

Answer 11

P must request a jury trial and pay the jury fee. Should make request by filing a written demand with the clerk a reasonable time before date set for trial, not less than 30 days before trial.

Question 12

What must P do and show to avoid going to trial after being denied a delay of the trial date due to a key eyewitness being unavailable?

Answer 12

Motion for continuance must be filed. Have to identify the missing witness and substance of testimony, explain why testimony is material and not available from another source, show diligence was used in attempting to secure the testimony, and state the continuance sought for justice and not solely for delay.

Question 13

What procedural step can D take before the trial commences to prevent P’s attorney from making reference to D’s drug use in front of the jury?

Answer 13

D must file a motion in limine to prevent reference to D’s drug use. If motion granted, P is prohibited from referencing the drug use during voir dire or opening statement and would require P’s attorney to approach the bench prior to attempting to introduce the evidence during trial.

Question 14

How should court rule on D’s objection to a gruesome photograph depicting severe injuries sustained by P in an accident?

Answer 14

D’s objection to the photo during P’s opening statement would be overruled. Objection would be overruled on the ground that it was untimely because the objection should have been raised as soon as the photo was displayed.

Question 15

How should court rule on D’s objection to an unexpected witness’ testimony that was not disclosed in response to written discovery served in the case?

Answer 15

D’s objection to witness’ testimony should be overruled if P’s attorney showed either good cause for not disclosing witness’ existence earlier or that the defendants would not be unfairly surprised or unfairly prejudiced by the late disclosure.

Question 16

How should court rule on P’s attorneys hearsay objection to P’s repeating what was said following an accident to D.

Answer 16

Court should overrule P’s objection to his own statement said to D. P’s statement was either not hearsay because it was an admission by a party opponent, or it was a hearsay exception because P’s statement was a statement against his interest.

Question 17

What procedural steps should P’s attorney take to raise issue of D’s expert’s qualifications to testify?

Answer 17

P must object to expert’s testimony before expert testifies. Expert may be taken by P on voir dire outside jury’s presence if objection is overruled.

Question 18

What procedural steps must D take to properly preserve error regarding omission of P’s contributory negligence from a charge.

Answer 18

To preserve error on omission of contributory negligence from a jury charge, D must tender, in writing, the omitted question/instruction in substantially correct form and obtain a ruling before the charge was read to the jury.

Question 19

How should court rule on D’s objection and motion following a jury’s unanimous verdict in favor of P prior to the dismissal of jury for a judgment notwithstanding the verdict on the ground P did not plead in his petition the maximum amount of damages he sought?

Answer 19

Court should deny D’s objection to the verdict and motion for judgment notwithstanding the verdict because D waived any complaint by not filing special exceptions to P’s petition prior to the submission of the case to the jury.

Question 20

What procedural steps should D take to bring issue of evidence not supporting damages awarded by the jury to the courts attention and preserve it for appeal?

Answer 20

D should file a motion for new trial alleging insufficient evidence to support the damages finding. Motion must be filed within 30 days of the date the trial court signed the judgment.