TX P&E - Civil

Question 1

When must a D file an answer to avoid a default judgment?

Answer 1

A defendant must file their answers and any supplemental answers by 10:00 a.m. on the first Monday after the expiration of 20 days from the date they were served with process.

Question 2

Where can a P file suit?

Answer 2

1.
2.
3.
4.

Question 3

When must a Motion to Transfer Venue be filed?

Answer 3

Within 20 days of service of process by separate written motion before the D files their answer or included in the answer and filed before any other pleading or motion.

The motion must state the county of proper venue, the legal and factual basis for the transfer, and may be accompanied by supporting affidavits.

Question 4

What may a party request in a RFD?

Answer 4

(i) the name, address, and telephone numbers of potential persons having knowledge of the relevant facts;
(ii) legal and factual grounds for the claim or defenses;
(iii) the amount of damages;
(iv) indemnity or insurance agreements;
(v) medical records and bills;
(vi) witness statements;
(vii) settlement agreements;
(viii) the name, address, and telephone numbers of any responsible third party; and
(ix) information regarding a testifying expert.

Question 5

When must a party answer a Request for Admission?

Answer 5

Within 30 days after service of the request. If a party fails to respond, the requests are deemed admitted against the party without the need for a court order.

Question 6

How do you withdraw an admission or deemed admission?

Answer 6

Must file a motion showing good cause for the withdrawal and that the opposing party will not be unduly prejudiced by the withdrawal.

Good cause for failure to respond will not be found when the failure to respond was intentional or the result of conscious indifference.

Question 7

How may a party compel a treating physician to produce medical records?

Answer 7

By compelling discovery through a court order or by serving a subpoena requesting production of the records.

If the physicians testify as experts, Express may request disclosure of documents provided to, reviewed by, or prepared by or for any expert in anticipation of testifying.

Question 8

Objections in oral depositions

Answer 8

1. leading questions
2. the form of questions, and
3. non-responsive answers

**if an attorney makes improper objections, the other party may file a motion for sanctions with the court

Question 9

When must a summary judgment be filed?

Answer 9

At least 21 days before the hearing date

Question 10

What must a movant for summary judgment show?

Answer 10

That there is no genuine issue of material fact & that the movant is entitled to judgment as a matter of law

Question 11

What must a movant for summary judgment show?

Answer 11

That there is no genuine issue of material fact & that the movant is entitled to judgment as a matter of law

Question 12

How does a non-movant respond to a summary judgment?

Answer 12

No later than seven days before the hearing on the summary judgment motion, the non-moving party may file a written response or affidavits based on personal knowledge that set forth admissible facts showing that a disputed material issue exists.

At the hearing, the non-moving party can present affidavits that support his argument that the Court should not grant summary judgment in Express’s favor.

Question 13

How does a non-movant respond to a summary judgment?

Answer 13

No later than seven days before the hearing on the summary judgment motion, the non-moving party may file a written response or affidavits based on personal knowledge that set forth admissible facts showing that a disputed material issue exists.

At the hearing, the non-moving party can present affidavits that support his argument that the Court should not grant summary judgment in Express’s favor.

Question 14

Motion for continuance for want of witness testimony

Answer 14

Must show in writing and under oath:

the testimony’s materiality and content;
a due diligence attempt to obtain the testimony;
why testimony cannot be obtained on the scheduled day;
that the testimony is now unavailable; and
that the continuance is not for delay.

Question 15

Motion for continuance for want of witness testimony

Answer 15

Must show in writing and under oath:

the testimony’s materiality and content;
a due diligence attempt to obtain the testimony;
why testimony cannot be obtained on the scheduled day;
that the testimony is now unavailable; and
that the continuance is not for delay.

Question 16

How does a party object to a jury question?

Answer 16

At the formal charge conference outside the presence of the jury