P/E Flashcards
In Texas, when must a party may move to dismiss a cause of action on the ground that it has no basis in law or fact?
Within 60 days of service of the pleading containing the challenged cause of action.
What is required for severance of a cause of action to be proper?
1) the severed causes of action must be ones that would be the proper subject of a lawsuit if separately asserted;
2) the severed causes of action must not be so intertwined as to involve identical facts and issues,
3) there must be more than one cause of action.
T/F Severance requires the causes of action to involve the same defendants.
F
How many hours of oral depositions does each side get to examine and cross-examine the other side in a Level Two Discovery Plan?
50 hours
In a Level Two Discovery Plan, how many written interrogatories is each party allowed?
25 written interrogatories.
Which level of discovery is the default?
Level Two Discovery Control Plan is the default level.
Requirements for a jury trial?
make a written request for a jury demand and pay the jury fee.
What is the catch all to deny a jury trial?
An untimely jury demand may not be permitted if it is too much of an inconvenience to the trial court.
“No-evidence” motion for summary judgment burden
The burden is on the non-moving party to produce sufficient evidence to demonstrate that a genuine issue of material fact exists.
What’s the Batson challenge burden on the moving party?
The moving party 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, ethnicity, or gender.
After the burden shifts in a Batson challenge, what must the nonmovant show?
A legitimate, non-discriminatory explanation for the challenges.
When must a party invoke the rule?
Only before trial.
What is the jury polling process?
During polling, the court reads each jury question and the corresponding answer, calls the name of each juror, and asks if that is the verdict of that juror.
Is a submission of an improper question in the jury charge sufficient to warrant a new trial?
No.
If a motion for new trial is not filed, how many days will the trial court have from the date the judgment is signed to grant a new trial or vacate, modify, or reform the judgment on its own accord?
30 days.
When must the notice be filed when there is no motion for new trial?
30 days.
When is an interlocutory appeal available?
An interlocutory appeal is available as a matter of right from the denial of a free-speech summary judgment.
Identify five forms of discovery permissible under TRE.
Requests for admission, disclosure, and for production or inspection of documents or tangible things; requests and motions for entry upon and examination of real property; interrogatories to a party; oral or written depositions; and motions for mental or physical examinations.
When two cases are going on at the same time, what should a party file to terminate the latter filed proceedings?
A plea in abatement.
In Texas, if a party asks for documents in production, how and when should the opposing party respond?
Opposing party must serve a written response within 30 days after it receives service of the production request, responding to the request or stating objections, privileges, or that the documents cannot be located upon a diligent search. Unless a proper objection is made, it must present copies of the requested documents.
