Texas Civ Pro and Evidence FAQs COPY

Question 1

What is the name of the motion that must be filed to challenge an action brought in an incorrect county?

Answer 1

Motion to Transfer Venue.

Question 2

When must a motion to transfer venue based on improper venue be filed?

Answer 2

Before or concurrently with any other pleading or motion in the case except for a special appearance.

Question 3

What are the counties in which permissive venue is proper when there is only one defendant?

Answer 3

First, a county where: a) At least a substantial part of the vents that gave rise to the action took place; b) the defendant resided at the tie of the event; or c)the defendant has its principal office in Texas, if the defendant is not a natural person. If none of these three situations apply, the county where the plaintiff resided at the time of the even.

Question 4

What are the counties in which permissive venue is proper if there are multiple defendants?

Answer 4

In a suit in which the plaintiff established proper venue against a defendant, the court also has venue of all the defendants in all claims or actions arising out of the same transaction, occurrence, or series of transactions or occurrences.

Question 5

If there is a defect apparent on the face of a plaintiff’s pleading, what action can the defendant take to compel the plaintiff to correct the deficiency?

Answer 5

File a special exception to the petition seeking a court order compelling the plaintiff to amend the pleading or reveal necessary information.

Question 6

When a party serves a pleading by mail, what effect does that have on the time in which the other party has to reply to the pleading?

Answer 6

The other party has an additional three days in which to respond.

Question 7

If a party learns of an affirmative defense after filing a pleading, what action must the party take to prevent waiver of the defense? When must the party take this action?

Answer 7

The party must file an amendment to the pleading by the deadline established by the pretrial scheduling order, or if none, more than seven days prior to trial.

Question 8

What action must the defendant take to reply to the substance of plaintiff’s petition? By when must the defendant take this action?

Answer 8

The defendant must file an answer by 10:00 am on the first Monday after the expiration of 20 days from the date the defendant was served with process.

Question 9

If the defendant objects to the personal jurisdiction of the court over the defendant, what action must the defendant take, and by when?

Answer 9

The defendant must file a special appearance (1) by a sworn motion (2) before the deadline for filing an answer (3) and as the first pleading of the case; the facts must be verified by affidavit.

Question 10

A defendant wants to add a person as a party who may be liable to the plaintiff for all or part of the original plaintiff’s claim against the defendant. What action must the defendant take?

Answer 10

The defendant must serve a third-party petition on the person.

Question 11

A defendant wants the court to consider the liability of a non-party for all or part fo the original plaintiff’s claim against the defendant but does not want to add the person as a party. What action must the defendant take?

Answer 11

The defendant must file a motion for leave to designate the person as a responsible third party (RTP).

Question 12

Without leave of court, when may a party amend a pleading?

Answer 12

If there is no scheduling order establishing an amended pleadings deadline, an amendment to the pleadings may be made without the leave of the court if filed more than 7 days prior to trial.

Question 13

What limits apply to methods of discovery under Level 2 discovery, the default discovery control plan?

Answer 13

Each party is limited to 25 written interrogatories, excluding interrogatories asking a party to identify or authenticate specific documents. Each side is limited to 50 hours to examine and cross-examine opposing parties, experts, and other party witnesses in oral deposition.

Question 14

What are the five discovery methods available to a party?

Answer 14

1. Requests for admissions, disclosure, and production or inspection of documents or tangible things; 2. Requests and motions for entry upon and examination of real property; 3. Interrogatories to a party; 4. Oral or written depositions; and 5. Motion for mental or physical examinations

Question 15

A party seeks information from another party in electronic or magnetic form. How can a party obtain this information in this form?

Answer 15

A party must specifically request production of electronic or magnetic data and specify the form in which the requesting party wants it produced. The responding party must provide the information in electronic magnetic form if it is reasonably available to the responding party in its ordinary course of business.

Question 16

A party’s attorney takes a witness’s statement as well as taking notes as the witness makes the statement. may another party obtain the statement and the notes?

Answer 16

The requesting party may obtain the witness’s statement without any special showing of need, but may not obtain the attorney’s notes because they are protected work product.

Question 17

Can a party discover the opinion of a designated expert witness of another party, and if so, by what methods?

Answer 17

Yes, a party may obtain the opinions of a testifying expert witness by : 1) a request for disclosure; or 2) a deposition.

Question 18

When may a party who fails to amend a discovery response in a timely manner introduce at trial the undisclosed information or offer the testimony of a nonparty witness who was not previously identified?

Answer 18

When the court determines that: 1) There was good cause for the failure; or 2) The failure will not unfairly surprise or prejudice the other parties.

Question 19

A party has responded to a discovery request by stating the information sought is privileged. What can the party seeking discovery do to obtain information regarding the privilege, and how must the other party respond?

Answer 19

The requesting party can serve a written request for a description of the withheld materials. Within 15 days of the service of that request, the party asserting the privilege must prepare a privilege log that describes the withheld information and assert a specific privilege.

Question 20

A party may request disclosure of 10 categories without regard to the other party’s objection or assertion of work product. What are those categories?

Answer 20

1) The correct names of the parties; 2)The name, address, and telephone numbers of potential parties and persons having knowledge of the relevant facts; 3)Legal and factual grounds for the claim or defenses; 4) Amount of and any method for calculating damages; 5) Indemnity or insurance agreements; 6) Settlement agreements; 7) Witness statements; 8) Medical records and bills or, in lieu thereof, an authorization permitting the disclosure by another person of such medical records and bills; 9) The name, address, and telephone numbers of any responsible third party; and 10) Discoverable information regarding a testifying expert.

Question 21

What objections may be made to questions posed at a deposition?

Answer 21

Objections can be made only to 1) leading questions (‘Objection, leading’) and the form of questions (“Objection, form”).

Question 22

What objections may be made to answers given by a deponent at the deposition?

Answer 22

Objections can be made only to non-responsive answers (“Objection, non-responsive”)

Question 23

What relief may be available when a party seeks to depose a high-level official (e.g., CEO) of an organization, and how must the official or organization request such relief?

Answer 23

If the official lacks “unique or superior personal knowledge of discoverable information,” the organization or official may move for a protective order or to quash the notice of deposition under the “apex doctrine.” The motion must be accompanied by an affidavit from the official denying such knowledge.

Question 24

What action can a party take if another party refuses to respond to a discovery request?

Answer 24

The party, upon reasonable notice, can request a court order compelling discovery or imposing sanctions for failure to supply discovery.

Question 25

If a party wants to prevent another party from referring to anticipated evidence in the presence of the jury until the admissibility of the evidence can be determined at trial, what motion must the party make?

Answer 25

A traditional motion in limine.

Question 26

If a party wants the court to rule on the admissibility of anticipated evidence immediately and exclude it from the trial, what motion must the party make?

Answer 26

A nontraditional motion in limine.

Question 27

What must a party who has made a traditional summary judgment motion prove?

Answer 27

The moving party has the burden of showing there is not genuine issue of material fact and that she is entitled to judgment as a matter of law.

Question 28

What must a party who has made a no-evidence summary judgment motion prove?

Answer 28

The moving party must show that there is no proof of an essential element of a claim or defense on which an adverse party would have the burden of proof at trial.

Question 29

By when must a party demand a jury trial, and what must accompany the demand?

Answer 29

A demand for a jury trial must be made not less than 30 days before the trial date and be accompanied by the appropriate fee.

Question 30

How many peremptory challenges is a side permitted in a district court action?

Answer 30

Six.

Question 31

If a party challenges the constitutionality of another party’s use of its peremptory challenges, what action must the party take?

Answer 31

The party must move for a Batson challenge before the jury is empaneled. The motion 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 or gender.

Question 32

What does it mean to place witnesses “under the rule” or to request a “rule on witnesses?”

Answer 32

Invoking of the “the rule” requires witnesses on both sides to be sworn in and then removed from the courtroom for any testimony other than their own. A “rule on witnesses” does not apply to parties, their spouses, or experts.

Question 33

In a jury trial, when may a party move for a directed verdict and what is the standard for granting this motion?

Answer 33

The motion may be made by the defendant at the close of the plaintiff’s case-in-chief and by either party at the close of the defendant’s case-in-chief or the presentation of all evidence. A directed verdict can be granted only if there is no evidence of probative force to raise material questions of fact.

Question 34

What must a party do if the party disagrees with the court’s proposed charge to the jury?

Answer 34

If the party objects to something that is included in the charge improperly, the party must make an “objection.” If the party believes that a proposed charge omits an instruction that should be included, the party should make “a request for submission” and present the court with a substantially correct instruction.

Question 35

In a civil action brought in district court, how may jurors must agree on the verdict?

Answer 35

A verdict may be rendered in any civil action in district court by at least 10 members of an original jury of 12.

Question 36

In a jury trial at which the the jury renders a verdict, what motion must a party make to have the court overturn the jury’s verdict, and what is the standard for granting this motion?

Answer 36

The losing party may move for a judgment notwithstanding the verdict (aka judgment non obstante veredicto [JNOV]), and the court may grant the motion only if the evidence is legally insufficient to support the verdict.

Question 37

What action may a party take to avoid a new trial when the party has been awarded excessive damages?

Answer 37

Any party in whose favor a judgment has been rendered may remit any part thereof.

Question 38

By when must a party file a new trial motion?

Answer 38

A motion for new trial must be filed within 30 days after judgment.