Quiz Flashcards
Third Party Practice
You must file a motion for leave if it has been more than _____ days since you answered before you can bring in _____.
The clerk will NOT issue the citation until the judge has signed the order granting leave.
30 days; a 3rd party defendant
Amended Pleading:
1) the place of the preceding;
2) The plaintiff’s First Amended Petition replaces the Plt’s Original Petition
3) Def’s Second Amended Answer replaces his First Amended Answer
Most of the time - You have 7 days before trial to amend pleadings.
Which do courts prefer? Amended or supplement?
Amended because it replaces the previous document.
Supplement is “add to”.
What is an intervenor?
A party may intervene as a defendant if they can defeat a recovery.
A party may intervene as a plaintiff if they are entitled to recovery.
An individual could intervene if they have a final judgment against a plaintiff in an unrelated case.
Anyone may intervene who has an interest in an action.
A medical insurance company may intervene to recover money they have paid out as a result of a personal injury action that their insured has filed against a third party.
“Just show up and wait to get paid”
Most of the time not as a defendant.
Highest court in Texas
Texas Supreme Court
General rule v Specific Rule
In almost every situation a specific rule will trump a general rule.
Example of a general rule is Rule 21a - This rule states that the notice period for motions is 3 days if hand delivered.
3 additional days are added if mailed or faxed.
There are exceptions to this rule.
Motion for Summary Judgement
21days notice is required on a motion for summary judgment before the court will consider. Rule 166a(c)
The response from the respondent must be filed for at least 7 days prior to the hearing/submission. Rule 166a(c)
These specific provisions override the general rule in 21a TRCP.
Appeal must be perfected within 30 days from what date?
The date the judgement was signed, unless a motion for a new trial has been filed, motion to modify the judgement, or motion to reinstate, then it is 90 days from the date of judgement.
Why is the date of filing of the petition so important?
Statute of Limitations
Examples of pre trial motions:
Special Exceptions, Motions to Compel Discovery Responses, Motions for Protective Orders, Motions for Summary Judgement, amd Motions in Limine
What is spoiliation?
The action of ruining or destroying something.
