2014 Flashcards
What procedural steps must be taken to initiate a civil suit against Defendants?
P must file an original petition to initiate suit against D. Petition must be accompanied by a civil case information sheet.
What action must be taken to ensure D is served properly (D is out of state), affording D appropriate due process notice of the Texas civil suit?
P must serve D, an out of state defendant, by serving the chairperson of the Texas transportation commission.
What pleading must D file to object to lawsuit being prosecuted in an improper venue?
D should file a motion to transfer venue before or concurrent with any other pleading.
What pleading must D file to object to being sued in improper venue and when must it be filed?
D should file a special appearance before any other pleading.
If venue is appropriately contested, what are counties of proper venue for P’s lawsuit?
Proper venue are where accident occurred, and the county of residence of the only Texas natural defendant (where there are also out of state defendants).
What must D file to properly raise the statutes of limitation issues and whem must it be filed?
Statute of limitations is an affirmative defense that must be raised in defendant’s answer. Amended answer must be filed without leave of court 7 days before trial.
What pleading must D file to keep the second suit from proceeding?
D should file a plea in abatement to prevent second suit from proceeding.
What are 5 tools of discovery authorized by the TRoCP?
Name 5 tools*
What types of discovery are available to P to determine whether D has insurance and the extend of the policy limits?
3 discovery tools available to P to determine if D has insurance are requests for disclosures, interrogatories, and requests for production.
Can D successfully assert work-product privilige where D’s insurance carrier recorded D describing what he witnessed during the accident?
D’s statements are always discoverable and no privilege applies to prevent disclosure of D’s recorded statement to his insurance carrier.
Can D successfully assert work product privilege as to each request where D’s attorney interviewed several people who saw the collision and its aftermath?
D could not assert work product privilege to the names and addresses of the witnesses, but could successfully assert the privilege to the notes taken during interview of the witnesses.
Can D file an interlocutory appeal of the court’s decisions where court denies D’s motion for summary judgement without conducting an oral hearing?
D could not file an interlocutory appeal from trial court’s denial of motion for summary judgement.
How should Court rule on P’s objection where D’s supplemental response failed to state a reason for delay of D’s expert?
Court should overrule P’s objectio to the late designation of D’s expert because P was aware of the expert, had the expert’s report, and deposed the expert. Therefore, P was not prejudiced by the late designation.
How should the court rule on D’s objections where P serves discovery reuquests on D’s seeking identity of trial witnesses?
Court should overrule D’s objections to P’s discovery requests for the identity of trial witnesses. D’s are required to disclose names and addresses of their witnesses.
What must P’s attorney do to preserve error regarding Court’s ruling on D’s motion in limine where D was indicted for domestic violence and it was eventually dismissed?
To preserve error on the trial court’s ruling on D’s motion in limine, P’s attorney was required to approach the bench, formally offer the evidence, and obtain a ruling before askihng D about indictment on cross-examination.
How should court rule on D’s objection where D objected to witnesses’ testimoney on the grounds that the expert’s opinion is on an ultimate issue to be determined by the jury?
Court should overrule D’s objection to the testimony of P’s expert because an expert’s otherwise admissible opinion testimony may embrace an ultimate issue.
How should the court rule on P’s objection where P objects on the basis that photographs have not been properly authenticated?
P’s objection to the photographs should be overruled. Documents procuded in respnse to written discovery are presumed authentic and may be used at trial against the producing party.
How should the court rule on P’s objection where P objects to the introduction into evidence of P’s group health insurance coverage (which actually paid the medical bills)?
P’s objection to evidence of P’s group health insurance should be sustained. Collateral source rule prohibits the introduction of such evidence.
Is court authorized to accept a verdict of nine (out of twelve) jurors if all nine agree on the answers to all the questions presented to them?
Trial court can not accept a verdict of only nine jurors. Trial court may accept a verdict where ten or more jurors agree to the answers of all the questions.
What should D file in order to present issue to the trial court for consideration where D believes there is no evidence to support the verdict?
D should file a motion for judgement notwithstanding the verdict or a motion for new trial.
In order to avoid a default judgement, what pleading must D file and when must the pleading be filed?
D has to file an answer by 10 am the Monday next after 20 days from service in order to avoid a default judgement.
What are counties of proper venue?
Counties of proper venue are where the accident and D’s principle place of business or D’s county of residence.
If a change of venue motion is filed and the trial court conducts a hearing on the motion, what is the effect on a final judgement, if any, of an erroneous venue ruling by the trial court?
Erroneous venue ruling amounts to reversible error. trial court’s judgment would be reversed and the cause remanded.
What pleading should D file to require P to plead the specific facts she relies upon to support her negligence cause of action?
D should file a special exception to P’s petition.
