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Texas Trial and Appellate Procedure > Rules > Flashcards

Rules Flashcards

(137 cards)

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1
Q

TRCP 3a

A

Local Rules

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2
Q

TRCP 165a

A

Dismissal for Want of Prosecution

  1. Failure to Appear
  2. Non-Compliance With Time Standards
  3. Reinstatement
  4. Cumulative Remedies
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3
Q

TRCP 10

A

Withdrawal of Attorney

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4
Q

TRCP 251

A

Continuance

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5
Q

TRCP 252

A

Application for Continuance

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6
Q

TRCP 253

A

Absence of Counsel as Ground for Continuance

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7
Q

TRCP 254

A

Attendance on Legislature

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8
Q

TRCP 176

A

Subpoenas

  1. 1 Form
  2. 2 Required Actions
  3. 3 Limitations
  4. 4 Who May Issue
  5. 5 Service
  6. 6 Response
  7. 7 Protection of Person from Undue Burden and Expense
  8. 8 Enforcement of Subpoena
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9
Q

TRCP 216

A

Request & Fee for Jury Trial

a. Request
b. Jury Fee

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10
Q

TRCP 217

A

Oath of Inability

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11
Q

TRCP 218

A

Jury Docket

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12
Q

TRCP 219

A

Jury Trial Day

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13
Q

TRCP 220

A

Withdrawing Cause From Jury Docket

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14
Q

TRCP 221

A

Challenge to the Array

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15
Q

TRCP 222

A

When Challenge Is Sustained

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16
Q

TRCP 223

A

Jury List In Certain Counties

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17
Q

TRCP 224

A

Preparing Jury List

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18
Q

TRCP 225

A

Summoning Talesman

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19
Q

TRCP 226

A

Oath to Jury Panel

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20
Q

TRCP 226a

A

Instructions to Jury Panel & Jury

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21
Q

TRCP 227

A

Challenge to Juror

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22
Q

TRCP 228

A

“Challenge For Cause” Defined

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23
Q

TRCP 229

A

Challenge for Cause

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24
Q

TRCP 230

A

Certain Questions Not To Be Asked

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25
TRCP 231
Number Reduced by Challenges
26
TRCP 232
Making Peremptory Challenges
27
TRCP 233
Number of Peremptory Challenges Alignment of the Parties Definition of Side Motion to Equalize
28
TRCP 234
Lists Returned to the Clerk
29
TRCP 235
If Jury Is Incomplete
30
TRCP 236
Oath to Jury
31
TRCP 265
Order of Proceedings On Trial By Jury
32
TRCP 266
Open & Close - Admission
33
TRCP 269
Argument
34
TRCP 267
Witnesses Placed Under Rule
35
TRE 401
Definition of "Relevant Evidence"
36
TRE 402
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
37
TRE 403
Exclusion of Relevant Evidence on Special Grounds
38
TRE 803(6)
Hearsay Exceptions; Availability of Declarant Immaterial | (6) Records of Regularly Conducted Avtivity
39
TRE 901
Requirement of Authentication of Identification (a) General Provision (b) Illustrations (1) Testimony of witness with knowledge (2) Nonexpert opinion on handwriting (3) Comparison by trier or expert witness (4) Distinctive characteristics and the like (5) Voice Identification (6) Telephone conversations (7) Public records or reports (8) Ancient documents or data compilation (9) Process or system (10) Methods provided by statute or rule
40
TRE 902
Self-Authentication (1) Domestic Public Documents Under Seal (2) Domestic Public Documents Not Under Seal (3) Foreign Public Documents (4) Certified Copies of Public Records (5) Official Publications (6) Newspapers and Periodicals (7) Trade Inscriptions and the Like (8) Acknowledged Documents (9) Commercial Paper and Related Documents (10) Business Records Accompanied by Affidavit (11) Presumptions Under Statutes or Other Rules
41
TRE 903
Subscribing Witness' Testimony Unnecessary
42
TRE 1002
Requirement of Originals
43
TRE 701
Opinion Testimony By Law Witnesses
44
TRE 702
Testimony by Experts
45
TRE 703
Bases of Opinion Testimony by Experts
46
TRE 704
Opinion on Ultimate Issue
47
TRE 705
Disclosure of Facts or Data Underlying Expert Opinion (a) Disclosure of Facts or Data (b) Voir Dire (c) Admissibility of Opinion (d) Balancing Test; Limiting Instructions
48
TRAP 33
Preservation of Appellate Complaints 33. 1 Preservation; How Shown (a) In general (b) Ruling by operation of law (c) Formal exception and separate order not required (d) Sufficiency of evidence complaints in non-jury cases 33. 2 Formal Bills of Exception (a) Form (b) Evidence (c) Procedure (d) Conflict (e) Time to file (f) Inclusion in clerk's recordTRCP
49
TRCP 271
Charge to the Jury
50
TRCP 272
Requisites
51
TRCP 277
Submission to the Jury
52
TRCP 278
Submission of Questions, Definitions, & Instructions
53
TRCP 273
Jury Submissions
54
TRCP 274
Objections & Requests
55
TRCP 276
Refusal of Modification
56
TRCP 278
Submission of Questions, Definitions, & Instructions
57
TRCP 279
Omissions From the Charge
58
TRCP 266
Open & Close - Admission
59
TRCP 269
Argument
60
TRCP 280
Presiding Juror of Jury
61
TRCP 281
Papers Taken to Jury Room
62
TRCP 282
Jury Kept Together
63
TRCP 283
Duty of Officer Attending Jury
64
TRCP 284
Judge to Caution Jury
65
TRCP 285
Jury May Communicate With Court
66
TRCP 286
Jury May Receive Further Instructions
67
TRCP 287
Disagreement As To Evidence
68
TRCP 288
Court Open for Jury
69
TRCP 289
Discharge of Jury
70
TRCP 327
For Jury Misconduct
71
TRCP 290
Definition & Substance
72
TRCP 291
Form of Verdict
73
TRCP 292
Verdict by Portion of Original Jury
74
TRCP 293
When the Jury Agree
75
TRCP 294
Polling the Jury
76
TRCP 295
Correction of Verdict
77
TRCP 262
Trial By The Court
78
TRCP 296
Requests For Findings of Facts & Conclusions of Law
79
TRCP 297
Time to File Findings of Fact & Conclusions of Law
80
TRCP 298
Additional or Amended Findings of Fact & Conclusions of Law
81
TRCP 299
Omitted Findings
82
TRCP 299a
Findings of Fact To Be Separately Filed & Not Recited in a Judgment
83
TRCP 268
Motion for Instructed Verdict
84
TRCP 300
Court to Render Judgment
85
TRCP 301
Judgments
86
TRCP 305
Proposed Judgment
87
TRCP 320
Motion & Action of Court Thereon
88
TRCP 321
Form
89
TRCP 322
Generality ti be Avoided
90
TRCP 323
Repealed
91
TRCP 324
Prerequisites of Appeal (a) Motion for New Trial Not Required (b) Motion for New Trial Required (c) Judgment Notwithstanding Finds; Cross-Points
92
TRCP 329b
Time for Filing Motions
93
TRAP 1.1
Scope of Rules; Local Rules of Courts of Appeals
94
TRAP 1.2
Local Rules
95
TRAP 6
Representation By Counsel 6. 1 Lead Counsel 6. 2 Appearance of Other Attorneys 6. 3 To Whom Communications Sent 6. 4 Nonrepresentation Notice 6. 5 Withdrawal 6. 6 Agreements of Parties or Counsel
96
TRAP 9
Papers Generally 9. 1 Signing 9. 2 Filing 9. 3 Number of Copies; Electronic Copies 9. 4 Form 9. 5 Service 9. 6 Communications with the Court 9. 7 Adoption by Reference 9. 8 Protection of Minor's Identity in Parental-Rights Termination Cases and Juvenile Court Cases
97
TRAP 45
Damages for Frivolous Appeals in Civil Cases
98
TRCP 34
Against Sheriff, ETC.
99
TRE 103
Rules of Evidence
100
TRAP 33
Preservation of Appellate Complaints 33. 1 Preservation How Shown 33. 2 Formal Bills of Exception
101
TRAP 24
Suspension of Enforcement of Judgment Pending Appeal in Civil Cases 24. 1 Suspension of Enforcement 24. 2 Amount of Bond, Deposit, or Security
102
TRAP 4
Time & Notice Provisions 4. 1 Computing Time 4. 2 No Notice of Trial Court's Judgment in Civil Case 4. 3 Periods Affected by Modified Judgment in Civil Case 4. 4 Periods Affected When Process Served by Publication 4. 5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents
103
TRAP 26.1
Time to Perfect Appeal | 26.1 Civil Cases
104
TRAP 28
Accelerated, Agreed, & Permissive Appeals in Civil Cases 28. 1 Accelerated Appeals 28. 2 Agreed Interlocutory Appeals in Civil Cases 28. 3 Permissive Appeals in Civil Cases 28. 4 Accelerated Appeals in Parental Termination and Child Protection Cases
105
TRAP 30
Restricted Appeal to Court of Appeals in Civil Cases
106
TRAP 25
Perfecting Appeal 25. 1 Civil Cases 25. 2 Criminal Cases
107
TRAP 26
Time to Perfect Appeal 26. 1 Civil Cases 26. 2 Criminal Cases 26. 3 Extension of Time
108
TRAP 27
Premature Filings 27. 1 Prematurely Filed Notice of Appeal 27. 2 Other Premature Actions 27. 3 If Appealed Order Modified or Vacated
109
TRAP 29
Orders Pending Interlocutory Appeal in Civil Cases 29. 1 Effect of Appeal 29. 2 Security 29. 3 Temporary Orders of Appellate Court 29. 4 Enforcement of Temporary Orders 29. 5 Further Proceedings in Trial Court 29. 6 Review of Further Orders
110
TRAP 32
``` Docketing Statement 32.1 Civil Cases 32,2 Criminal Cases 32.3 Supplemental Statements 32.4 Purpose of Statement ```
111
TRAP 34
Appellate Record 34. 1 Contents 34. 2 Agreed Record 34. 3 Agreed Statement of the Case 34. 4 Form 34. 5 Clerk's Record 34. 6 Reporter's Record
112
TRAP 35
Time to Rile Record; Responsibility for Filing Record 35. 1 Civil Cases 35. 2 Criminal Cases 35. 3 Responsibility for Filing Record
113
TRAP 38
Requisites of Briefs 38. 1 Appellant's Brief 38. 2 Appellee's Brief 38. 3 Reply Brief 38. 4 Deleted 38. 5 Appendix for Cases Recorded Electronically 38. 6 Time to File Briefs 38. 7 Amendment or Supplementation 38. 8 Failure of Appellant to File Brief 38. 9 Briefing Rules to Be Construed Liberally
114
TRAP 39
Oral Argument; Decision Without Argument 39. 1 Right to Oral Argument 39. 2 Purpose of Argument 39. 2 Time Allowed 39. 4 Number of Counsel 39. 5 Argument by Amicus 39. 6 When Only One Party Files a Brief 39. 7 Request and Waiver 39. 8 Clerk's Notice
115
TRAP 41
Panel & En Banc Decision 41. 1 Decision by Panel 41. 2 Decision by En Banc Court 41. 3 Precedent in Transferred Cases
116
TRAP 47
Opinions, Publication & Citation 47. 1 Written Opinions 47. 2 Designation and Signing of Opinions; Participating Justices 47. 3 Distribution of Opinions 47. 4 Memorandum Opinions 47. 5 Concurring and Dissenting Opinions 47. 6 Change in Designation by En Banc Court 47. 7 Citation of Unpublished Opinions
117
TRAP 42
Dismissal, Settlement 42. 1 Voluntary Dismissal and Settlement in Civil Cases 42. 2 Voluntary Dismissal in Criminal Cases 42. 3 Involuntary Dismissal in Civil Cases 42. 4 Involuntary Dismissal in Criminal Cases
118
TRAP 43
Judgment of the Court of Appeals 43. 1 Time 43. 2 Types of Judgment 43. 3 Rendition Appropriate Unless Remand Necessary 43. 4 Judgment for Costs in Civil Cases 43. 5 Judgment Against Sureties in Civil Cases 43. 6 Other Orders
119
TRAP 44
Reversible Error 44. 1 Reversible Error in Civil Cases 44. 2 Reversible Error in Criminal Cases 44. 3 Defects in Procedure 44. 4 Remediable Error of the Trial Court
120
TRAP 45
Damages for Frivolous Appeals in Civil Cases
121
TRAP 46
Remittitur in Civil Cases 46. 1 Remittitur After Appeal Perfected 46. 2 Appeal on Remittitur 46. 3 Suggestion of Remittitur by Court of Appeals 46. 4 Refusal to Remit Must Not be Mentioned in Later Trial 46. 5 Voluntary Remittitur
122
TRAP 10
Motions in the Appellate Courts 10. 1 Contents of Motions; Response 10. 2 Evidence on Motions 10. 3 Determining Motions 10. 4 Power of Panel or Single Justice or Judge to Certain Motions 10. 5 Particular Motions
123
TRAP 16
Disqualification or Recusal of Appellate Judges 16. 1 Grounds for Disqualification 16. 2 Grounds for Recusal 16. 3 Procedure for Recusal
124
TRCP 18b
Grounds for Recusal & Disqualification of Judges
125
TRAP 49
Motion for Rehearing & En Banc Reconsideration 49. 1 Motion for Rehearing 49. 2 Response 49. 3 Decision on Motion 49. 4 Accelerated Appeals 49. 5 Further Motion for Rehearing 49. 6 Amendments 49. 7 En Banc Reconsideration 49. 8 Extension of Time 49. 9 Not Required for Review 49. 10 Deleted 49. 11 Relationship to Petition for Review 49. 12 Certificate of Conference Not Required
126
TRAP 18
Mandate 18. 1 Issuance 18. 2 Stay of Mandate 18. 3 Trial Court Case Number 18. 4 Filing of Mandate 18. 5 Costs 18. 6 Mandate in Accelerated Appeals 18. 7 Recall of Mandate
127
TRAP 19
Plenary Power of The Courts of Appeals & Expiration of Term 19. 1 Plenary Power of Courts of Appeals 19. 2 Plenary Power Continues After Petition 19. 3 Proceedings After Plenary Power Expires 19. 4 Expiration of Term
128
TRAP 57
Direct Appeals to the Supreme Court 57. 1 Application 57. 2 Jurisdiction 57. 3 Statement of Jurisdiction 57. 4 Preliminary Ruling of Jurisdiction 57. 5 Direct Appeal Exclusive While Pending
129
TRAP 53
Petition for Review 53. 1 Method of Review 53. 2 Contents of Petition 53. 3 Response to Petition for Review 53. 4 Points Not Considered in Court of Appeals 53. 5 Petitioner's Reply to Response 53. 6 Deleted 53. 7 Time and Place of Filing 53. 8 Amendment 53. 9 Court May Require Revision
130
TRAP 54
Filing the Record 54. 1 Request for Record 54. 2 Duty of Court of Appeals Clerk 54. 3 Expenses 54. 4 Duty of Supreme Court Clerk
131
TRAP 55
Briefs on the Merits 55. 1 Request by Court 55. 2 Petitioner's Brief on the Merits 55. 3 Respondent's Brief 55. 4 Petitioner's Brief in Reply 55. 5 Reliance on Prior Brief 55. 6 Deleted 55. 7 Time and Place of Filing; Extension of Time 55. 8 Amendment 55. 9 Court May Require Revision
132
TRAP 56
Orders of Petition for Review 56. 1 Orders on Petition for Review 56. 2 Moot Cases 56. 3 Settled Cases 56. 4 Notice to Parties 56. 5 Return of Documents to Court of Appeals
133
TRAP 58
Certification of Questions of Law by United States Courts 58. 1 Certification 58. 2 Contents of the Certification Order 58. 3 Transmission of Certification Order 58. 4 Transmission of Record 58. 5 Fees and Costs 58. 6 Notice 58. 7 Briefs and Oral Arguments 58. 8 Intervention by the State 58. 9 Opinion on Certified Questions 58. 10 Answering Certified Questions
134
TRAP 59
Submission & Argument 59. 1 Submission Without Argument 59. 2 Submission With Argument 59. 3 Purpose of Argument 59. 4 Time for Argument 59. 5 Number of Counsel 59. 6 Argument by Amicus Curiae
135
TRAP 60
Judgments in the Supreme Court 60. 1 Announcement of Judgments 60. 2 Types of Judgment 60. 3 Remand in the Interest of Justice 60. 4 Judgment for Costs 60. 5 Judgment Against Sureties 60. 6 Other Orders
136
TRAP 64
Motion for Rehearing 64. 1 Time for Filing 64. 2 Contents 64. 3 Response and Decisions 64. 4 Second Motion 64. 5 Extensions of Time 64. 6 Deleted
137
TRAP 52
Original Proceedings 52. 1 Commencement 52. 2 Designation of Parties 52. 3 Form and Contents of Petition 52. 4 Response 52. 5 Relator's Reply to Response 52. 6 Deleted 52. 7 Record 52. 8 Action on Petition 52. 9 Motion for Rehearing 52. 10 Temporary Relief 52. 11 Groundless Petition or Misleading Statement or Record

Texas Trial and Appellate Procedure (2 decks)

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