2013

Question 1

How can P obtain service of process on D that will comply with the appropriate principles of due process?

Answer 1

P could obtain service on D, an out of state defendant by serving the Texas Secretary of State via the long arm statute.

Question 2

What pleading should D file to raise objection in the trial court, and when should it be filed?

Answer 2

D should file a special appearnace to challenge personal jurisdiction before or subject to any other pleading.

Question 3

What pleading should D file to raise objection in the trial court, and when should it be filed?

Answer 3

D should file a motion to transfer venue before or subject to any other pleading.

Question 4

What are counties of proper venue?

Answer 4

Proper venue is where the accident occured, where defenedant is from TExas and has principle place of business.

Question 5

What appellate review is available to D concerning trial court’s decision?

Answer 5

No interlocutory appellate review is available to D.

Question 6

What effect if any of an erroneous ruling by the trial court on the issue of transferring a lawsuit to another county?

Answer 6

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.

Question 7

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?

Answer 7

D’s should file a special exception. P would have an opportunity to amend petition or risk having claims dismissed.

Question 8

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?

Answer 8

D should raise the affirmative defense of accored and satisfaction. This should be raised in D’s amended answer.

Question 9

How should the hcourt rule on P’s objections to the request for disclosure?

Answer 9

Statements are always discoverable and no privilege applies. Examinees knew statements may be requested via requests for disclorues and such requests are not objectionable.

Question 10

What discovery tools, authorized by the TRoCP, can P use to determine if D has liability insurance?

Answer 10

3 discovery tools available to determine if D had insurance are requests for disclosures, interrogatories, and requests for production.

Question 11

How should the trial court rule on P’s objection?

Answer 11

Discovery of trial witnesses is specifically authorized.

Question 12

How should the trial court rule on D’s objections?

Answer 12

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.

Question 13

In what county should the trial court order depositions to be taken?

Answer 13

Proper county to conduct party depositions is where when parties cannot agree, court should order depositions in the county of suit.

Question 14

How should court rule on P’s objection?

Answer 14

Responsible third party practice is not limited to personal injury suits. Purpose of adding a responsible third party to a suit.

Question 15

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?

Answer 15

D should file both a traditional motion for summary judgement and a no-evidence motion for summary judgement.

Question 16

What steps should attorneys for D’s take to challenge potential juror who is biased?

Answer 16

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.

Question 17

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?

Answer 17

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.

Question 18

What is proper objeciton and how should the trial court rule on the objection?

Answer 18

Questions call for hearsay. COurt should sustain the hearsay objjection, strike the anser, and instruct the jury to disregard.

Question 19

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?

Answer 19

Trial court should read the jury charge aloud to the jury. Jury is allowed to have copies of the chartge during closing arguments.

Question 20

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.

Answer 20

New trial court motion should be denied because there was no evidence of outside influence on the jury or its decision making process.

Question 21

How should the court rule on D’s motion to transfer venue?

Answer 21

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.

Question 22

When is D’s answer due when properly served with citation?

Answer 22

D’s answer is due by 10 am th emonday next after 20 days from date of service.

Question 23

At hearing, P urges court to enter a default jjudgement against D. How should court rule?

Answer 23

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.

Question 24

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?

Answer 24

D should file a special exception requesting D plead more speicfic facts, or alternatively, that his pleading be stricken.

Question 25

What are 5 types of discovery authorized by the TRoCP?

Answer 25

List 5 types of discovery*

Question 26

Name one type of discovery authorized by the TRoCP that will allow P’s attorney to determine if any defendant is covered by liability insurance?

Answer 26

P could determine whether D is covered by liability insurance via a request for disclosure, interrogatories, or a request for production.

Question 27

D files a motion to compel P to produce a medical authorization. How should the coourt rule?

Answer 27

COurt should grant D’s motion to compel P to produce a medical authorization. P in a person injury suit must provide the authorization if requested by defendant. Medical records and bills do not suffice.

Question 28

P files a motion to compel production of the two other statements. How should the court rule?

Answer 28

Trial court should grant P’s motion to compel D to produce other two statements. Statements of whatever source are always subject to discovery and a request for production.

Question 29

What pleading should D file to bring defense to attention of the court and jury and to support the admission of evidence on the release issue?

Answer 29

D should file an emended answer asserting affirmative defense of release of all claims.

Question 30

How should court rule on D’s objection where D objects to requests for production for the reason that it is required to respond only twenty five separate requests for production of documents?

Answer 30

Trial court should overrule D’s objeciton to 30 separate requests for production because there is no limit to the number of such requests. LImit of 25 applies only nto interrogatories.

Question 31

How should the court rule on D’s objection where P’;s amended petition adds D as a party defendant and where P was required to make D a party defendant in original petition and she had to file a second lawsuit, making claims for damages against D in that suit?

Answer 31

Court should overrule D’s objection to P adding it as a party defendant.

Question 32

How should court rule on P’s motion to strike D’s jury demand?

Answer 32

Trial court should overrule P’s motion to strike D’s jury demand. Case was not within 30 days of first trial setting, therefore, D’s motion was not untimely.

Question 33

How many peremptory challenges are available to each party and can court prevent D’s from collaborating in making their challenges?

Answer 33

Each party is entitled to 6 preemptory challenges. Court cannot prevent D’s from collaborating, and court could equalize challgnes amongst all parties.

Question 34

How should court rule on D’s objection where P cannot call D as P’s first witness since she has the burden of proof?

Answer 34

P may call the D or any other witness at anyy time in a civil case.

Question 35

D objects to the statements as hearsay where D’s employee testifies. How should the court rule?

Answer 35

Court should overrule D’s hearsay objection to admission of statements to D’s store manageer. D’s statement was an admission against his interest.

Question 36

D objects to the proffer. How should the court rule?|

Answer 36

Trial court should sustain D’s objection to P’s proffer of driving records that show six misdemeanors convictions for traffic violations. Convictions were not felonies or crimes of moral turpitutde, nor were they material oor relevant.

Question 37

HOw should court rule where P calls mediator as a witness at trial to elicit testimony about manager’s prior statement and D objects?

Answer 37

Court should sustain D’s objection to P’s calling mediator as a witness at trial. All matter and information exchagned in mediation is confidential and settlement negotiations/offers are not admissible.

Question 38

P objects to the proffer of evidnece. How should the court rule?

Answer 38

Court should sustain P’s objection to the proffer of her personal group health insurance policy. Group medical coverage is a collateral source and inadmissible.

Question 39

What pleading should D file to bring this issue to attention of the court where D believes evidnece presented at trial is insufficient to support a judgement against D?

Answer 39

D should file a motion for judgment notwithstanding the verdict.

Question 40

If no other action is taken by any party or the trial court, when will judgement become final where court enters judgement for P and D files a motion for new trial?

Answer 40

Court’s judgement becomes final 75 days from date judgement was signed and court retains jurisdiction for an additional 30 days thereafter.