2013 Flashcards
How can P obtain service of process on D that will comply with the appropriate principles of due process?
P could obtain service on D, an out of state defendant by serving the Texas Secretary of State via the long arm statute.
What pleading should D file to raise objection in the trial court, and when should it be filed?
D should file a special appearnace to challenge personal jurisdiction before or subject to any other pleading.
What pleading should D file to raise objection in the trial court, and when should it be filed?
D should file a motion to transfer venue before or subject to any other pleading.
What are counties of proper venue?
Proper venue is where the accident occured, where defenedant is from TExas and has principle place of business.
What appellate review is available to D concerning trial court’s decision?
No interlocutory appellate review is available to D.
What effect if any of an erroneous ruling by the trial court on the issue of transferring a lawsuit to another county?
Erroneous ruling on a motion to transfer venue is reversible error. this results in a reversal of the trial court’s judgement and remand of the cause.
What pleading should D’s file in order to require P to plead specifically those facts that support his alleged causes of action pleaded in original petition?
D’s should file a special exception. P would have an opportunity to amend petition or risk having claims dismissed.
What pleading should D file in order to bring this issue to the attention of the trial court and support a jury question on that issue?
D should raise the affirmative defense of accored and satisfaction. This should be raised in D’s amended answer.
How should the hcourt rule on P’s objections to the request for disclosure?
Statements are always discoverable and no privilege applies. Examinees knew statements may be requested via requests for disclorues and such requests are not objectionable.
What discovery tools, authorized by the TRoCP, can P use to determine if D has liability insurance?
3 discovery tools available to determine if D had insurance are requests for disclosures, interrogatories, and requests for production.
How should the trial court rule on P’s objection?
Discovery of trial witnesses is specifically authorized.
How should the trial court rule on D’s objections?
There is no limit on the number of requests for admissions that may be served, and there is a limit of 25 on the number of interrogatoories that may be served.
In what county should the trial court order depositions to be taken?
Proper county to conduct party depositions is where when parties cannot agree, court should order depositions in the county of suit.
How should court rule on P’s objection?
Responsible third party practice is not limited to personal injury suits. Purpose of adding a responsible third party to a suit.
What pleading should D file to bring matter to attention of the trial court where D believse theres no evidence to support a jury question on its negligence or proximate cause for the accident in question?
D should file both a traditional motion for summary judgement and a no-evidence motion for summary judgement.
What steps should attorneys for D’s take to challenge potential juror who is biased?
D should move to strike juror for cause. If challgne was deiied, D should use a preemptory strike. D should notify the court of the need to use a preemptory strike and that otherwise it would not have to use the strike.
How should trial court rule on D’s objections to offer of evidence where P offers the deposition testimony of the investigating police officer as first witness?
There is no requirement that P testify first as part of his case in chief. This is because a party has broad latitute in how to present its case to the jury. Showing of unavailability is not required to present a duly noticed and taken deposition in the case.
What is proper objeciton and how should the trial court rule on the objection?
Questions call for hearsay. COurt should sustain the hearsay objjection, strike the anser, and instruct the jury to disregard.
How should the trial court rule on the objections of D’s where they objected that the trial court must read the court’s charge aloud to the jury and that the jury could not have ocpies of the court’s charge during the final argument?
Trial court should read the jury charge aloud to the jury. Jury is allowed to have copies of the chartge during closing arguments.
Assuming this is the only evidence presented at the hearing on th emotion for new trial based on jury misconduct, how should the trial court rule on th emotion for new trial where a juror acts in misconduct.
New trial court motion should be denied because there was no evidence of outside influence on the jury or its decision making process.
How should the court rule on D’s motion to transfer venue?
Motion to transfer venue should be denied where P filed suit in proper venue and P’s choice of proper venue trumpes D’s motion to transfer.
When is D’s answer due when properly served with citation?
D’s answer is due by 10 am th emonday next after 20 days from date of service.
At hearing, P urges court to enter a default jjudgement against D. How should court rule?
Court should deny P’s motion for default judgement. Although untimely, D filed answer before a judgement was entered and answer was sufficient to defeat a default judgement.
What pleading should D file in order to rquire D to state in detail facts and circumstances upon which D relies to support claim of negligence and causation against D?
D should file a special exception requesting D plead more speicfic facts, or alternatively, that his pleading be stricken.
