Subject Matter Jurisdiction

Question 1

Jurisdictional Authority

Answer 1

Some cts derive their authority from the TX ST constitution (constitutional courts), and some from statute (statutory courts). The Constitution states that each county gets one county court, and a district court, etc., but also gives the legislature the authority to establish other courts. Each ct was intended to have its own exclusive JX, but in reality there is a significant overlap in JX both within the counties, and from one county to the next.

Question 2

Municipal Courts

Answer 2

• MCs are the lowest-ranking criminal courts; having exclusive JX over violation of city ordinances and are punishable by fine only.
• MCs have concurrent JX with the JP in criminal fine only cases.

Question 3

Justice Courts

Answer 3

• JPs are the lowest level civil courts.
• AIC range: 0.01 to $10k (max);
  
  • Their JX is exclusive for amounts less than $200 and FED (eviction) suits
  • Their JX is concurrent with DC & county courts for amounts b/w $200 & 10k.
• Relief:
  
  • Can enforce liens on personal property, so long as the amount is w/in their limit amount; can grant possession of real property through FED suit
  • Cannot issue injunctions or hear suits on behalf of the state for penalties, forfeitures, & escheats; and cannot hear suits for divorce, defamation, declaration of title to land, or enforcement of liens on land.
• Appeal: is to the County Court.

Question 4

Constitutional County Courts (aka County Court, but not a CCL)

Answer 4

• These are courts that are created by the constitution (which gives each county 1), but derive their authority from statute. They are sort of a midlevel ct b/w JP/MC and DC/CCL.
• AIC range: $200.01-$10k.
  
  • They have concurrent JX w/JP ($200.01-10K) and DCs ($500.01-10k)
• Relief:
  
  • Can issue injunctions, mandamus, certiorari (from JP), attachment, and garnishment.
  • Cannot hear (1) a suit to recover damages for slander or defamation of character; (2) a suit for the enforcement of a lien on land; (3) a suit in behalf of the state for escheat; (4) a suit for divorce; (5) a suit for the forfeiture of a corporate charter; (6) a suit for the trial of the right to property valued at $500 or more and levied on under a writ of execution, sequestration, or attachment; (7) an eminent domain case; or (8) a suit for the recovery of land.
    
    • Has general probate JX unless there is a specific probate CT, or probate JX has been delegated to the CCL.

Question 5

District Courts

Answer 5

• Are the cts of general JX in TX, presumed to have JX unless a contrary showing is made. They also have residual JX over things not addressed.
• Paid for by the ST.
• AIC range: the lower limit is $500.01, there is no upper limit.
• Relief: all types are available. DCs and CCLs have concurrent JX over eminent domain matters.

Question 6

Statutory or legislative courts

Answer 6

The legislature also created statutory cts, primarily CCLs and PCs to relieve the county judge from some or all the judicial duties of office. Over time, these were used to relieve the burden on DCs as well. If the county needed another ct & was willing to pay for it, the legislature created a CCL (funded by county) rather than a DC (funded by ST). Therefore, while all have the same minimum JX, some have diff. maxs.

Question 7

County Courts at law

Answer 7

• Each of these cts is created by a separate statute and w/distinct JX parameters.
• AIC range: minimum $500.01 for all; maximum range from 200k to indefinite; depends on the ct.
• Relief:
  
  • May issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the JX of the court. It may issue writs of habeas corpus in cases where the offense charged is within the JX of the CT or any CT of inferior JX in the county.
  • Does not have jurisdiction over causes and proceedings concerning roads, bridges, and public highways and the general administration of county business that is within the jurisdiction of the commissioners court of each county.

Question 8

Statutory Probate Courts

Answer 8

• Has the power to hear “all matters incident to an estate.”
• They can also transfer things from other cts into theirs if it pertains to an estate already in their JX.

Question 9

County ct at law vs. District Court

Answer 9

• a DC has 12 people on a jury; a CCL has 6 people on the jury
• But in some counties, (e.g. Dallas) the county court at law is given the same jurisdictional authority as a district ct (e.g. no upper limit on amount in controversy) so realistically, one of the only differences will be the size of the jury.

Question 10

Calculating the Amount in Controversy

Answer 10

• The amount in controversy is determined by the pleadings. R47(b) requires a π to state that the AIC is w/in the CTs JX, but does not require π to plead amt with specificity.
• The amount in controversy requirement is part of Subject Matter Jurisdiction, so it can be challenged at any time.

Question 11

Aggregating (Amount in Controversy)

Answer 11

• Claims of multiple πs a/g a single ∆ are added to determine the AIC.
• BUT if one π asserts separate, independent & distinct, though joinable, claims a/g multiple ∆s, each claim is judged on its own and is independently considered for the AIC standards.
  
  • Look at it from the standpoint of the ∆; you aggregate the claims of multiple πs a/g common ∆s, but you don’t if you have multiple ∆s and one π.

Question 12

Generally (Amount in Controvery)

Answer 12

• Do include claims for LRs fees and punitive damages in the AIC
• If a π has alleged multiple theories for a single claim, the one yielding the largest award is considered.

Question 13

Costs of court (Calculating Amount in Controvery)

Answer 13

Excluded

Question 14

Multiple claims (Amount in Controversy)

Answer 14

A ct can assert JX over claims below its minimum when they arise from the same transaction as the primary case.

Question 15

Interest (Amount in Controversy)

Answer 15

• Interest eo nomine (“by that name”) is excluded. That is, interest sought in litigation that is provided for by a specific statute or agreement for the detention of money.
• Interest as damages is included. That is, interest recoverable in addition to the amt of the debt as damages resulting from the failure to pay a sum when due. Equitable pre-judgment interest is considered interest “as damages”

Question 16

Amendments (Amount in Controvery)

Answer 16

• Subsequent amendments to claims of the AIC have no effect if they are the result of the passage of time. (e.g. accrued interest raises the AIC).
• BUT if they involve damages which could have been claimed at the time of the original filing, the amendment will defeat JX.

Question 17

Non-Monetary relief (Amount in Controverys)

Answer 17

• If the suit is only for non-monetary relief, you have to file in the DC.
• For any type of non-monetary relief, be sure that the court you are filing in can issue the type of relief that you are seeking. E.g. a JP cannot issue injunctions. (the DC has all “residual” JX that does not fit in another court).

Question 18

Statute of Limitations

Answer 18

• Tolling Provision—Tex. Civ. Prac. & Rem. Code § 16.064 tolls the limitations period for cases filed in a TC that lacks JX, provided the case is refiled in a proper ct w/in 60 days of the date of dismissal.
  
  • Does not apply to intentionally misfiled cases
    
    • Once adverse party has moved for relief under this exception, the non-movant has the BOP to show that he did not intentionally misfile.

Question 19

Procedure for Raising Lack of Subject Matter Jurisdiction

Answer 19

• “Plea to the Jurisdiction”
  
  • SMJX is challengeable at any time, by the parties or sua spontet.
  • Tolling
• Appeal/Mandamus
  
  • π can appeal from a TC’s determination of lack of SMJX & the resultant dismissal.
  • BUT If the trial court erroneously asserts JX after a ruling, ∆’s only remedy is an appeal after final judgment. Standard ∆’s have no interlocutory appeal.
    
    • BUT “Governmental units” asserting immunity are allowed an interlocutory appeal by statute
  • Mandamus is not available to review a trial court’s determination of SMJX b/f a trial on the merits.
• No Waiver
  
  • Subject matter jurisdiction cannot be waived
  • A court lacking jurisdiction over subject matter has no power over the controversy and must dismiss. (they may not transfer the case either)
• Standing, Ripeness, and Immunity
  
  • A court also has no SMJX when π lacks standing, when the suit is not yet ripe for decision, and when ∆ is immune from suit.

Question 20

Judge Disqualifications

Answer 20

• Grounds for Disqualification can be found in the constitution, and in 18b(a).
• A judge must is disqualified in any proceeding in which:
  
  • The judge has served as a LR in the controversy, or the judge has previously worked with a LR that is a LR to the present case,
  • Individually, or as a fiduciary, the judge has an interest in the subject matter in controversy, or
    
    • Ex: judge owns a share of stock in the company at issue in the case.
  • Either of the parties is related to the judge w/in the 3rd degree of affinity or consanguinity.
    
    • Calculating the 3rd degree: just count the spaces in the family tree, always going to the parental source. This means a judge could hear a case relating to a first cousin
• TX Const. Art. V, § 11: “No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected w/him by affinity/consanguinity” w/in the 3rd degree, or “when he has previously been counsel in the case.” (This is the same as 18(b)(1)).
  
  • If a judge is disqualified under 18(b), any resulting ruling/orders will always be a nullity, just like SMJX. It cannot be waived.
  • Denial of a disqualification motion is immediately reviewable via mandamus.

Question 21

Judge Recusal

Answer 21

• These grounds all are basically concerned with passing the smell test. A judge’s refusal to recuse can only be appealed after a judgment is final
• A judge must recuse in any proceeding in which:
  
  • The judges impartiality might reasonably be questioned;
  • The judge has a personal bias or prejudice concerning the subject matter or a party;
  • The judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
  • The judge or one of his former law partners has been a material witness concerning the proceeding;
  • The judge has expressed an opinion concerning the merits of the case while serving as a government attorney;
  • The judge, his spouse, or a minor child in his house has a fiduciary interest in the outcome of the case;
  • There are a couple more here, but they are complicated: just go with your gut.

Question 22

TRCP 18a - procedure for Disqualifications and Recusal

Answer 22

• The motion:
  
  • Must be verified,
  • Must assert a ground listed in 18b;
  • Cannot be based solely on a judge’s ruling in that case; &
  • Must state the facts that justify requiring recusal.
• A motion to recuse must be filed as soon as practicable after the movant finds out; and should not be filed w/in 10 days before a hearing/trial.
• A complaint is waived if not filed timely, and in writing.
• The motion must be served on other parities
• Appellate review:
  
  • An order denying a motion to recuse can only be reviewed for an abuse of discretion, after a final judgment
  • An order granting a motion to recuse is non-reviewable.
  • Any order on a motion to disqualify is reviewable via mandamus.
• Notes
  
  • Any orders/decisions rendered by a judge who is CNally disqualified are w/o effect.
  • In contrast, an erroneous denial of a recusal motion does not void or nullify the presiding judge’s subsequent acts. While a decision rendered may be reversed on appeal, it is not fundamental error and can be waived if not raised by proper motion.
  • Proof of Bias: Bias relevant to recusal must be from an extra-judicial source. That is, it can’t be proven from the judge’s conduct during the case at bar.
  • Degrees of Kinship: the judge cannot be related to a party by affinity/consanguinity w/in the 3rd degree, BUT he cannot be related to a LR in the case w/in the 1st degree.
  • Affinity: the judge and his spouse are related by affinity in the 1st degree, but other relationships are treated as if the judge had the same relatives as the souse, only by affinity instead of consanguinity. BUT, if the spouse is only related to another by affinity, the judge and that person are not related at all.

Question 23

Caperton v. Massey Campaign Donations

Answer 23

• Not all campaign donations create a probability of bias requiring recusal, but this is a rare case. There is a serious risk of actual bias-based on objective and reasonable perceptions-when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case.
• The inquiry centers on
  
  • the contribution’s relative size compared to the total amt of money contributed to the campaign,
  • the total amt spent in the election, and
  • the apparent effect such contribution had on the outcome of the election.

Question 24

Texas Government Code 74.053: Objection to “Assigned” Trial Judge

Answer 24

(a) When a judge is assigned to a TC:

1. the assignment must say whether the judge is an active, former, retired, or senior judge; and
2. the presiding judge shall, if time permits, give notice of the assignment to each LR representing a party to the case.

(b) If a party to a civil case files a timely objection to the assignment, the judge shall not hear the case. Except as in (d), each party to the case is only entitled to one objection rule per case.
(c) An objection must be filed w/in 7 days after the party receives actual notice of the assignment or before the date the first hearing or trial, whichever date occurs earlier
(d) An assigned judge who was defeated in the last election can be vetoed by either party, as many times as one is assigned.
(e) An active judge assigned under this chapter is not subject to an objection. The right of objection only apples to past & substitute judges.

Question 25

Rule 8: Attorney in Charge

Answer 25

• The default LR in charge is he whose name first appears on the initial pleadings
• If different or it changes, must notify other parties

Question 26

Rule 9: Number of Counsel Heard

Answer 26

Not more than two counsel on each side shall be heard on any question or on the trial, except in important cases, and upon special leave of the court.

Question 27

Rule 10: Withdrawal of Counsel

Answer 27

• An attorney may withdraw from representing a party only upon written motion for good cause shown.
• Motion to withdraw
  
  • If another LR is substituted as LR for the party, the withdrawal motion shall state: the [info] of the substitute LR; that the party approves the substitution; and that the withdrawal is not sought for delay only.
  • If another LR is not to be substituted as LR for the party, the motion shall state: that a copy of the motion has been sent to the party; that the party has been notified of his right to object; & whether the party consents to the motion.
• If the motion is granted, the withdrawing LR shall immediately tell the party of any settings or deadlines of which the LR has knowledge.
• The Court may impose further conditions upon granting leave to withdraw.
• The client can fire the LR at any time w/o cause, but if the LR wants to withdraw, he must follow rule 10.

Question 28

Inactivity by TC

Answer 28

A TC is required to consider and rule upon a motion w/in a reasonable time. When a motion is properly filed & pending before a TC, the act of giving consideration to & ruling upon that motion is a ministerial act, and mandamus may issue to compel the trial judge to act.

Question 29

Types of Records

Answer 29

Requests, rulings, & all of the evidence & circumstances relevant to the decisions made are available to the appellate ct only through the record. Thus, it is very important to get everything needed for appellate review on the record, either through a writing that is filed in the TCs records (which becomes the clerks record on appeal), or orally in front of the ct reporter, whose notes of the proceedings can be transcribed and put into the reporters record.

Question 30

Preserving error

Answer 30

• The record must show that the complaining party
  
  • presented the matter the TC by a timely request, objection or motion, that
  • states the grounds for ruling with sufficient specificity to make the TC aware of the complaint &
  • that the TC ruled (or failed to rule) on the matter.
• Fundamental errors: Lack of SMJX & judicial disqualification do not require preservation.

Question 31

Harmless error rule

Answer 31

An APP ct cannot reverse a TCs judgment for an erroneous error ruling unless the error complained of probably caused the rendition of an improper judgment. (No harm, no foul)

Question 32

Interlocutory appeal

Answer 32

• General Rule: Normally a party can’t get immediate appellate review of a TCs pre-trial decision b/c CAPs usually have appellate JX only over final judgments. A final judgment is one that disposes of all parties & claims in a matter.
• Exceptions: TCPRC 51.014 (the interlocutory appeal statute) lists 8 different orders that may be appealed immediately. We cover two: (1) orders on rulings on special appearance and (2) pleas to the JX.
• Mandamus: BUT even if your order is not in the interlocutory appeal statute, you may still be able to get a writ of mandamus for some things. Mandamus is an original proceeding in the appellate ct that seeks to an order compelling a state official (such as a trial judge) to refrain from acting contrary to law. To get mandamus relief in the CAP, the party must show (1) a clear abuse of discretion or legal error, and (2) no adequate remedy by appeal.
  
  • Abuse of Discretion: A TC abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear & prejudicial error of law. TCs are given much deference on resolution of factual issues. BUT review of a TCs determination of controlling legal principles, and their application to the facts at hand, is less deferential.
  • Adequate remedy by appeal: An appellate remedy is not inadequate merely b/c it may involve more expense or delay than obtaining an extraordinary writ. Interference is justified only when parties stand to lose substantial rights.

Question 33

Filing Documents (generally)

Answer 33

• Every pleading, plea, motion, or application to the court for an order, whether in the form of a motion, plea, or other form of request, unless presented during a hearing or trial, must be filed with the clerk of the court in writing, must state the grounds therefor, must set forth the relief or order sought, and at the same time a true copy must be served on all other parties, and must be noted on the docket.
• The clerk’s record is public.
• Methods of Filing
  
  • E-filing (now mandated in most JXs)
    
    • Document is considered timely filed if filed anytime b/f midnight in the cts time zone on the filing deadline, unless another time is specified.
    • An E-filed doc. Is deemed filed when transmitted to the filing party’s e-filing service provider, unless the doc is transmitted on a Sat, Sun, or legal holiday
    • Some documents (including (wills and in camera evidence) is not required to be e-filed.
  • Hand-delivery to the clerk’s office
  • By mail
    
    • Complete as of date of mailing
    • So long as clerk receives within 10 days after mailing
    • Only use the US postal service.
  • By fax*
    
    • Only in counties in which Supreme Court has approved local rules. Filing is complete when the clerk has received and acknowledged the fax.
  • In open court
    
    • Papers presented during a hearing or trial need not be filed with the clerk—rule 74 also allows the judge to accept papers for filing.

Question 34

Serving Documents

Answer 34

• An application to the court for an order (see filing above) and notice of any hearing thereon, not presented during a hearing or trial, must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court.
  
  • This type of service is different from service of process, by which a ∆ is notified of the initial filing of a lawsuit and ordered to respond.
  • The failure to service other parties under this rule is a sanctionable offense.
  • E-filed docs are served under this rule through the e-filing manager. Other types of documents are serviced in person, by mail, fax, etc.
  • This type of service notice can be completed by anyone competent to testify, including a party’s LR.

Question 35

Day Calculation rules for responding to all filed and all served documents

Answer 35

• These rules of construction apply to all time-limited responses, whether it be a response to a motion, judges request, or just filing an answer in response to regular service of process.
• The day of the act or event from which you are calculating your response time is not included in the time you have to respond. (Date of filing, service, or court order is always Day 0)
• When counting the number of days to respond, the last day is included, and is thus the day response is due (at midnight if e-filing).
• Intervening Saturdays, Sundays, and legal holidays are generally counted when calculating the response date. BUT if the due date is a Saturday, Sunday, or legal holiday, the time period runs until the next day that is not a Saturday, Sunday, or legal holiday.
• 3 days are added to response time when service was provided by mail or by fax.
• These rules:
  
  • Do not count when response time is 5 days or less
  • Do count in the 3-day notice of hearing
  • Do count in regards to the 3-day extension of time for service by mail or fax
  • Do count in 5-day periods provided by rules governing forcible entry and detainer actions