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Texas Trial and Appellate Procedure > Rules > Flashcards

Rules Flashcards

1
Q

TRCP 3a

A

Local Rules

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2
Q

TRCP 165a

A

Dismissal for Want of Prosecution

  1. Failure to Appear
  2. Non-Compliance With Time Standards
  3. Reinstatement
  4. Cumulative Remedies
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3
Q

TRCP 10

A

Withdrawal of Attorney

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4
Q

TRCP 251

A

Continuance

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5
Q

TRCP 252

A

Application for Continuance

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6
Q

TRCP 253

A

Absence of Counsel as Ground for Continuance

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7
Q

TRCP 254

A

Attendance on Legislature

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8
Q

TRCP 176

A

Subpoenas

  1. 1 Form
  2. 2 Required Actions
  3. 3 Limitations
  4. 4 Who May Issue
  5. 5 Service
  6. 6 Response
  7. 7 Protection of Person from Undue Burden and Expense
  8. 8 Enforcement of Subpoena
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9
Q

TRCP 216

A

Request & Fee for Jury Trial

a. Request
b. Jury Fee

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10
Q

TRCP 217

A

Oath of Inability

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11
Q

TRCP 218

A

Jury Docket

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12
Q

TRCP 219

A

Jury Trial Day

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13
Q

TRCP 220

A

Withdrawing Cause From Jury Docket

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14
Q

TRCP 221

A

Challenge to the Array

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15
Q

TRCP 222

A

When Challenge Is Sustained

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16
Q

TRCP 223

A

Jury List In Certain Counties

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17
Q

TRCP 224

A

Preparing Jury List

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18
Q

TRCP 225

A

Summoning Talesman

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19
Q

TRCP 226

A

Oath to Jury Panel

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20
Q

TRCP 226a

A

Instructions to Jury Panel & Jury

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21
Q

TRCP 227

A

Challenge to Juror

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22
Q

TRCP 228

A

“Challenge For Cause” Defined

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23
Q

TRCP 229

A

Challenge for Cause

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24
Q

TRCP 230

A

Certain Questions Not To Be Asked

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25
Q

TRCP 231

A

Number Reduced by Challenges

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26
Q

TRCP 232

A

Making Peremptory Challenges

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27
Q

TRCP 233

A

Number of Peremptory Challenges
Alignment of the Parties
Definition of Side
Motion to Equalize

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28
Q

TRCP 234

A

Lists Returned to the Clerk

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29
Q

TRCP 235

A

If Jury Is Incomplete

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30
Q

TRCP 236

A

Oath to Jury

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31
Q

TRCP 265

A

Order of Proceedings On Trial By Jury

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32
Q

TRCP 266

A

Open & Close - Admission

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33
Q

TRCP 269

A

Argument

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34
Q

TRCP 267

A

Witnesses Placed Under Rule

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35
Q

TRE 401

A

Definition of “Relevant Evidence”

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36
Q

TRE 402

A

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

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37
Q

TRE 403

A

Exclusion of Relevant Evidence on Special Grounds

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38
Q

TRE 803(6)

A

Hearsay Exceptions; Availability of Declarant Immaterial

(6) Records of Regularly Conducted Avtivity

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39
Q

TRE 901

A

Requirement of Authentication of Identification

(a) General Provision
(b) Illustrations
(1) Testimony of witness with knowledge
(2) Nonexpert opinion on handwriting
(3) Comparison by trier or expert witness
(4) Distinctive characteristics and the like
(5) Voice Identification
(6) Telephone conversations
(7) Public records or reports
(8) Ancient documents or data compilation
(9) Process or system
(10) Methods provided by statute or rule

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40
Q

TRE 902

A

Self-Authentication

(1) Domestic Public Documents Under Seal
(2) Domestic Public Documents Not Under Seal
(3) Foreign Public Documents
(4) Certified Copies of Public Records
(5) Official Publications
(6) Newspapers and Periodicals
(7) Trade Inscriptions and the Like
(8) Acknowledged Documents
(9) Commercial Paper and Related Documents
(10) Business Records Accompanied by Affidavit
(11) Presumptions Under Statutes or Other Rules

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41
Q

TRE 903

A

Subscribing Witness’ Testimony Unnecessary

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42
Q

TRE 1002

A

Requirement of Originals

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43
Q

TRE 701

A

Opinion Testimony By Law Witnesses

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44
Q

TRE 702

A

Testimony by Experts

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45
Q

TRE 703

A

Bases of Opinion Testimony by Experts

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46
Q

TRE 704

A

Opinion on Ultimate Issue

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47
Q

TRE 705

A

Disclosure of Facts or Data Underlying Expert Opinion

(a) Disclosure of Facts or Data
(b) Voir Dire
(c) Admissibility of Opinion
(d) Balancing Test; Limiting Instructions

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48
Q

TRAP 33

A

Preservation of Appellate Complaints

  1. 1 Preservation; How Shown
    (a) In general
    (b) Ruling by operation of law
    (c) Formal exception and separate order not required
    (d) Sufficiency of evidence complaints in non-jury cases
  2. 2 Formal Bills of Exception
    (a) Form
    (b) Evidence
    (c) Procedure
    (d) Conflict
    (e) Time to file
    (f) Inclusion in clerk’s recordTRCP
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49
Q

TRCP 271

A

Charge to the Jury

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50
Q

TRCP 272

A

Requisites

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51
Q

TRCP 277

A

Submission to the Jury

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52
Q

TRCP 278

A

Submission of Questions, Definitions, & Instructions

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53
Q

TRCP 273

A

Jury Submissions

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54
Q

TRCP 274

A

Objections & Requests

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55
Q

TRCP 276

A

Refusal of Modification

56
Q

TRCP 278

A

Submission of Questions, Definitions, & Instructions

57
Q

TRCP 279

A

Omissions From the Charge

58
Q

TRCP 266

A

Open & Close - Admission

59
Q

TRCP 269

A

Argument

60
Q

TRCP 280

A

Presiding Juror of Jury

61
Q

TRCP 281

A

Papers Taken to Jury Room

62
Q

TRCP 282

A

Jury Kept Together

63
Q

TRCP 283

A

Duty of Officer Attending Jury

64
Q

TRCP 284

A

Judge to Caution Jury

65
Q

TRCP 285

A

Jury May Communicate With Court

66
Q

TRCP 286

A

Jury May Receive Further Instructions

67
Q

TRCP 287

A

Disagreement As To Evidence

68
Q

TRCP 288

A

Court Open for Jury

69
Q

TRCP 289

A

Discharge of Jury

70
Q

TRCP 327

A

For Jury Misconduct

71
Q

TRCP 290

A

Definition & Substance

72
Q

TRCP 291

A

Form of Verdict

73
Q

TRCP 292

A

Verdict by Portion of Original Jury

74
Q

TRCP 293

A

When the Jury Agree

75
Q

TRCP 294

A

Polling the Jury

76
Q

TRCP 295

A

Correction of Verdict

77
Q

TRCP 262

A

Trial By The Court

78
Q

TRCP 296

A

Requests For Findings of Facts & Conclusions of Law

79
Q

TRCP 297

A

Time to File Findings of Fact & Conclusions of Law

80
Q

TRCP 298

A

Additional or Amended Findings of Fact & Conclusions of Law

81
Q

TRCP 299

A

Omitted Findings

82
Q

TRCP 299a

A

Findings of Fact To Be Separately Filed & Not Recited in a Judgment

83
Q

TRCP 268

A

Motion for Instructed Verdict

84
Q

TRCP 300

A

Court to Render Judgment

85
Q

TRCP 301

A

Judgments

86
Q

TRCP 305

A

Proposed Judgment

87
Q

TRCP 320

A

Motion & Action of Court Thereon

88
Q

TRCP 321

A

Form

89
Q

TRCP 322

A

Generality ti be Avoided

90
Q

TRCP 323

A

Repealed

91
Q

TRCP 324

A

Prerequisites of Appeal

(a) Motion for New Trial Not Required
(b) Motion for New Trial Required
(c) Judgment Notwithstanding Finds; Cross-Points

92
Q

TRCP 329b

A

Time for Filing Motions

93
Q

TRAP 1.1

A

Scope of Rules; Local Rules of Courts of Appeals

94
Q

TRAP 1.2

A

Local Rules

95
Q

TRAP 6

A

Representation By Counsel

  1. 1 Lead Counsel
  2. 2 Appearance of Other Attorneys
  3. 3 To Whom Communications Sent
  4. 4 Nonrepresentation Notice
  5. 5 Withdrawal
  6. 6 Agreements of Parties or Counsel
96
Q

TRAP 9

A

Papers Generally

  1. 1 Signing
  2. 2 Filing
  3. 3 Number of Copies; Electronic Copies
  4. 4 Form
  5. 5 Service
  6. 6 Communications with the Court
  7. 7 Adoption by Reference
  8. 8 Protection of Minor’s Identity in Parental-Rights Termination Cases and Juvenile Court Cases
97
Q

TRAP 45

A

Damages for Frivolous Appeals in Civil Cases

98
Q

TRCP 34

A

Against Sheriff, ETC.

99
Q

TRE 103

A

Rules of Evidence

100
Q

TRAP 33

A

Preservation of Appellate Complaints

  1. 1 Preservation How Shown
  2. 2 Formal Bills of Exception
101
Q

TRAP 24

A

Suspension of Enforcement of Judgment Pending Appeal in Civil Cases

  1. 1 Suspension of Enforcement
  2. 2 Amount of Bond, Deposit, or Security
102
Q

TRAP 4

A

Time & Notice Provisions

  1. 1 Computing Time
  2. 2 No Notice of Trial Court’s Judgment in Civil Case
  3. 3 Periods Affected by Modified Judgment in Civil Case
  4. 4 Periods Affected When Process Served by Publication
  5. 5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents
103
Q

TRAP 26.1

A

Time to Perfect Appeal

26.1 Civil Cases

104
Q

TRAP 28

A

Accelerated, Agreed, & Permissive Appeals in Civil Cases

  1. 1 Accelerated Appeals
  2. 2 Agreed Interlocutory Appeals in Civil Cases
  3. 3 Permissive Appeals in Civil Cases
  4. 4 Accelerated Appeals in Parental Termination and Child Protection Cases
105
Q

TRAP 30

A

Restricted Appeal to Court of Appeals in Civil Cases

106
Q

TRAP 25

A

Perfecting Appeal

  1. 1 Civil Cases
  2. 2 Criminal Cases
107
Q

TRAP 26

A

Time to Perfect Appeal

  1. 1 Civil Cases
  2. 2 Criminal Cases
  3. 3 Extension of Time
108
Q

TRAP 27

A

Premature Filings

  1. 1 Prematurely Filed Notice of Appeal
  2. 2 Other Premature Actions
  3. 3 If Appealed Order Modified or Vacated
109
Q

TRAP 29

A

Orders Pending Interlocutory Appeal in Civil Cases

  1. 1 Effect of Appeal
  2. 2 Security
  3. 3 Temporary Orders of Appellate Court
  4. 4 Enforcement of Temporary Orders
  5. 5 Further Proceedings in Trial Court
  6. 6 Review of Further Orders
110
Q

TRAP 32

A 
Docketing Statement
32.1  Civil Cases
32,2  Criminal Cases
32.3  Supplemental Statements
32.4  Purpose of Statement
111
Q

TRAP 34

A

Appellate Record

  1. 1 Contents
  2. 2 Agreed Record
  3. 3 Agreed Statement of the Case
  4. 4 Form
  5. 5 Clerk’s Record
  6. 6 Reporter’s Record
112
Q

TRAP 35

A

Time to Rile Record; Responsibility for Filing Record

  1. 1 Civil Cases
  2. 2 Criminal Cases
  3. 3 Responsibility for Filing Record
113
Q

TRAP 38

A

Requisites of Briefs

  1. 1 Appellant’s Brief
  2. 2 Appellee’s Brief
  3. 3 Reply Brief
  4. 4 Deleted
  5. 5 Appendix for Cases Recorded Electronically
  6. 6 Time to File Briefs
  7. 7 Amendment or Supplementation
  8. 8 Failure of Appellant to File Brief
  9. 9 Briefing Rules to Be Construed Liberally
114
Q

TRAP 39

A

Oral Argument; Decision Without Argument

  1. 1 Right to Oral Argument
  2. 2 Purpose of Argument
  3. 2 Time Allowed
  4. 4 Number of Counsel
  5. 5 Argument by Amicus
  6. 6 When Only One Party Files a Brief
  7. 7 Request and Waiver
  8. 8 Clerk’s Notice
115
Q

TRAP 41

A

Panel & En Banc Decision

  1. 1 Decision by Panel
  2. 2 Decision by En Banc Court
  3. 3 Precedent in Transferred Cases
116
Q

TRAP 47

A

Opinions, Publication & Citation

  1. 1 Written Opinions
  2. 2 Designation and Signing of Opinions; Participating Justices
  3. 3 Distribution of Opinions
  4. 4 Memorandum Opinions
  5. 5 Concurring and Dissenting Opinions
  6. 6 Change in Designation by En Banc Court
  7. 7 Citation of Unpublished Opinions
117
Q

TRAP 42

A

Dismissal, Settlement

  1. 1 Voluntary Dismissal and Settlement in Civil Cases
  2. 2 Voluntary Dismissal in Criminal Cases
  3. 3 Involuntary Dismissal in Civil Cases
  4. 4 Involuntary Dismissal in Criminal Cases
118
Q

TRAP 43

A

Judgment of the Court of Appeals

  1. 1 Time
  2. 2 Types of Judgment
  3. 3 Rendition Appropriate Unless Remand Necessary
  4. 4 Judgment for Costs in Civil Cases
  5. 5 Judgment Against Sureties in Civil Cases
  6. 6 Other Orders
119
Q

TRAP 44

A

Reversible Error

  1. 1 Reversible Error in Civil Cases
  2. 2 Reversible Error in Criminal Cases
  3. 3 Defects in Procedure
  4. 4 Remediable Error of the Trial Court
120
Q

TRAP 45

A

Damages for Frivolous Appeals in Civil Cases

121
Q

TRAP 46

A

Remittitur in Civil Cases

  1. 1 Remittitur After Appeal Perfected
  2. 2 Appeal on Remittitur
  3. 3 Suggestion of Remittitur by Court of Appeals
  4. 4 Refusal to Remit Must Not be Mentioned in Later Trial
  5. 5 Voluntary Remittitur
122
Q

TRAP 10

A

Motions in the Appellate Courts

  1. 1 Contents of Motions; Response
  2. 2 Evidence on Motions
  3. 3 Determining Motions
  4. 4 Power of Panel or Single Justice or Judge to Certain Motions
  5. 5 Particular Motions
123
Q

TRAP 16

A

Disqualification or Recusal of Appellate Judges

  1. 1 Grounds for Disqualification
  2. 2 Grounds for Recusal
  3. 3 Procedure for Recusal
124
Q

TRCP 18b

A

Grounds for Recusal & Disqualification of Judges

125
Q

TRAP 49

A

Motion for Rehearing & En Banc Reconsideration

  1. 1 Motion for Rehearing
  2. 2 Response
  3. 3 Decision on Motion
  4. 4 Accelerated Appeals
  5. 5 Further Motion for Rehearing
  6. 6 Amendments
  7. 7 En Banc Reconsideration
  8. 8 Extension of Time
  9. 9 Not Required for Review
  10. 10 Deleted
  11. 11 Relationship to Petition for Review
  12. 12 Certificate of Conference Not Required
126
Q

TRAP 18

A

Mandate

  1. 1 Issuance
  2. 2 Stay of Mandate
  3. 3 Trial Court Case Number
  4. 4 Filing of Mandate
  5. 5 Costs
  6. 6 Mandate in Accelerated Appeals
  7. 7 Recall of Mandate
127
Q

TRAP 19

A

Plenary Power of The Courts of Appeals & Expiration of Term

  1. 1 Plenary Power of Courts of Appeals
  2. 2 Plenary Power Continues After Petition
  3. 3 Proceedings After Plenary Power Expires
  4. 4 Expiration of Term
128
Q

TRAP 57

A

Direct Appeals to the Supreme Court

  1. 1 Application
  2. 2 Jurisdiction
  3. 3 Statement of Jurisdiction
  4. 4 Preliminary Ruling of Jurisdiction
  5. 5 Direct Appeal Exclusive While Pending
129
Q

TRAP 53

A

Petition for Review

  1. 1 Method of Review
  2. 2 Contents of Petition
  3. 3 Response to Petition for Review
  4. 4 Points Not Considered in Court of Appeals
  5. 5 Petitioner’s Reply to Response
  6. 6 Deleted
  7. 7 Time and Place of Filing
  8. 8 Amendment
  9. 9 Court May Require Revision
130
Q

TRAP 54

A

Filing the Record

  1. 1 Request for Record
  2. 2 Duty of Court of Appeals Clerk
  3. 3 Expenses
  4. 4 Duty of Supreme Court Clerk
131
Q

TRAP 55

A

Briefs on the Merits

  1. 1 Request by Court
  2. 2 Petitioner’s Brief on the Merits
  3. 3 Respondent’s Brief
  4. 4 Petitioner’s Brief in Reply
  5. 5 Reliance on Prior Brief
  6. 6 Deleted
  7. 7 Time and Place of Filing; Extension of Time
  8. 8 Amendment
  9. 9 Court May Require Revision
132
Q

TRAP 56

A

Orders of Petition for Review

  1. 1 Orders on Petition for Review
  2. 2 Moot Cases
  3. 3 Settled Cases
  4. 4 Notice to Parties
  5. 5 Return of Documents to Court of Appeals
133
Q

TRAP 58

A

Certification of Questions of Law by United States Courts

  1. 1 Certification
  2. 2 Contents of the Certification Order
  3. 3 Transmission of Certification Order
  4. 4 Transmission of Record
  5. 5 Fees and Costs
  6. 6 Notice
  7. 7 Briefs and Oral Arguments
  8. 8 Intervention by the State
  9. 9 Opinion on Certified Questions
  10. 10 Answering Certified Questions
134
Q

TRAP 59

A

Submission & Argument

  1. 1 Submission Without Argument
  2. 2 Submission With Argument
  3. 3 Purpose of Argument
  4. 4 Time for Argument
  5. 5 Number of Counsel
  6. 6 Argument by Amicus Curiae
135
Q

TRAP 60

A

Judgments in the Supreme Court

  1. 1 Announcement of Judgments
  2. 2 Types of Judgment
  3. 3 Remand in the Interest of Justice
  4. 4 Judgment for Costs
  5. 5 Judgment Against Sureties
  6. 6 Other Orders
136
Q

TRAP 64

A

Motion for Rehearing

  1. 1 Time for Filing
  2. 2 Contents
  3. 3 Response and Decisions
  4. 4 Second Motion
  5. 5 Extensions of Time
  6. 6 Deleted
137
Q

TRAP 52

A

Original Proceedings

  1. 1 Commencement
  2. 2 Designation of Parties
  3. 3 Form and Contents of Petition
  4. 4 Response
  5. 5 Relator’s Reply to Response
  6. 6 Deleted
  7. 7 Record
  8. 8 Action on Petition
  9. 9 Motion for Rehearing
  10. 10 Temporary Relief
  11. 11 Groundless Petition or Misleading Statement or Record

Texas Trial and Appellate Procedure (2 decks)

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