Civil Procedure

Question 1

Jurisdiction of District court

Answer 1

$500.01 +

Question 2

Jurisdiction of County Court

Answer 2

$200.01 -$200,000

Question 3

Jurisdiction of Constitutional County Courts

Answer 3

$200.01 - $10,000

Question 4

Jurisdiction of the Justice of the Peace Courts

Answer 4

≤ $10,000

Question 5

When must a notice of appeal be filed?

Answer 5

Within 30 days of the date judgment was entered

Question 6

What must a notice of appeal include?

Answer 6

1. Trial court’s name and case’s trial court number and style
2. Date of judgment or order appealed from
3. A statement that the party desires to appeal
4. The court to which the appeal is taken
5. Name of each party filing the notice of appeal

Question 7

What is the general venue rule?

Answer 7

All lawsuits must be brought in the county where -

1. All or a substantial part of the events that gave rise to the action took place
2. The ∆ resides as the time of the event
3. The ∆’s principal office in the state, if not a natural person
4. If none of those apply, the county where π resided at the time of the event.

Question 8

Hierarchy of Venue Provisions

Answer 8

1. Mandatory Venue Provisions
2. General Venue Provisions
3. Permissive Venue Provisions

Question 9

Four Grounds for Challenging Venue

Answer 9

1. π’s choice was improper
2. Case should be transferred to another proper venue on convenience and justice grounds
3. Parties consent to transfer
4. A local prejudice makes it unfair for the case to be heard in the county of suit

Question 10

Due Order of Pleading Rule

Answer 10

1. Special Appearance
2. Motion to transfer venue
3. Answer

Question 11

Contents of Motion to Transfer Venue

Answer 11

1. Deny π’s venue facts alleged in petition
2. Explain why the π’s choice of venue is improper
3. Allege another proper county of venue with specific venue facts
4. Request the court transfer the case to that county

Question 12

Texas General Long-Arm Statute

Answer 12

Allows for exercise of PJ over nonresident ∆s if the ∆ engages in activities in TX that constitute “doing business”
Stretches as far as the Constitutional Due Process will allow

Question 13

Procedure for Service of Process

Answer 13

1. π files petition
2. Clerk of court prepares the citation
3. Process is served by an authorized person
4. Process server files a return of service

Question 14

Process =

Answer 14

citation and petition together

Question 15

Methods of Service of Process

Answer 15

1. Hand delivery
2. Certified mail with return receipt requested
3. Other means by court order

Question 16

Serving Process on a Corporation

Answer 16

Made by serving registered agent, president, or vice president

Question 17

Serving Process on Texas Secretary of State

Answer 17

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