Civil 2 Flashcards
What is the name of motion that must be filed to challenge an action brought in an incorrect county?
Motion to Transfer Venue
When must a motion to transfer venue based on improper venue be filed?
Before or concurrently with any other pleading or motion in the case except for a special appearance
What are the counties in which permissive venue is proper when there is only one defendant?
First, a county where:
a) At least a substantial part of the events that gave rise to the action took place;
b) The defendant resided at the time of the event; or
c) The defendant has its principal office in Texas, if the defendant is not a natural person.
If none of these three situations apply, the county where the plaintiff resided at the time of the event.
What are the counties in which permissive venue is proper if there are multiple defendants?
In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all claims or actions arising out of the same transaction, occurrence, or series of transactions or occurrences.
If a party wants to prevent another party from referring to anticipated evidence in the presence of the jury until the admissibility of the evidence can be determined at trial, what motion must the party make?
A traditional motion in limine.
If a party wants the court to rule on the admissibility of anticipated evidence immediately and exclude it from the trial, what motion must the party make?
A nontraditional motion in limine.
What must a party who has made a traditional summary judgment motion prove?
The moving party has the burden of showing there is no genuine issue of material fact and that she is entitled to judgment as a matter of law.
What must a party who has made a no-evidence summary judgment motion prove?
The moving party must show that there is no proof of an essential element of a claim or defense on which an adverse party would have the burden of proof at trial.
By when must a party demand a jury trial, and what must accompany the demand?
A demand for a jury trial must be made not less than 30 days before the trial date and be accompanied by the appropriate statutory jury fee.
How many peremptory challenges is a side permitted in a district court action?
Six
If a party challenges the constitutionality of another party’s use of its peremptory challenges, what action must the party take?
The party must move for a Batson challenge before the jury is empaneled. The motion must establish a prima facie case that the other party has exercised peremptory challenges to exclude persons from the jury on the basis of race or gender
What does it mean to place witnesses “under the rule” or to request a “rule on witnesses?”
Invoking of “the rule” requires witnesses on both sides to be sworn in and then removed from the courtroom for any testimony other than their own. A “rule on witnesses” does not apply to parties, their spouses, or expert
In a jury trial, when may a party move for a directed verdict and what is the standard for granting this motion?
The motion may be made by the defendant at the close of the plaintiff’s case-in-chief and by either party at the close of the defendant’s case-in-chief or the presentation of all evidence. A directed verdict can be granted only if there is no evidence of probative force to raise material questions of fact.
What must a party do if the party disagrees with court’s proposed charge to the jury?
If the party objects to something that is included in the charge improperly, the party must make an “objection.”
If the party believes that a proposed charge omits an instruction that should be included, the party should make “a request for submission” and present the court with a substantially correct instruction.
In a civil action brought in district court, how many jurors must agree on the verdict?
A verdict may be rendered in any civil action in district court by at least 10 members of an original jury of 12.
