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Civ Pro P&E Summary - Texas

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1. When must an answer be By 10:00 am on Monday after 9. What can an attorney do to 1. File a MOTION TO
filed to avoid default the expiration of 20 days from when the client is served with QUASH, or a protective
judgment? the date of service of the citation a deposition request without order.
and petition. the attorney's knowledge,
2/08, 7/08 and the attorney can't 2. If filed by the 3rd
attend? business day after service of
2. Under the General Venue 1. Where all or a substantial part
notices of deposition,
Statute Where is Venue of the events occurred
7/08, 7/10 deposition is stayed until
Proper? 2. Where the DEFENDANT
motion can be determined
7/08, 7/10, 7/11 3. Where the corporate 10. During a deposition, what 1. "Objection, LEADING"
defendant has its PRINCIPAL objections are allowed? 2. "Objection, FORM"
PLACE OF BUSINESS. What if the other attorney 3. "Objection, NON-
makes other objections? RESPONSIVE"
3. How do you object to 1. File a MOTION TO
venue? When? TRANSFER VENUE alleging the
7/08 Argue that the opposing
factual and legal basis for the
counsel's objections are
2/08, 7/08, 7/10 transfer.
improper. Judge should
suspend the deposition and
2. Per due order of pleading in
move for sanctions.
Texas, motion must be filed
PRIOR TO or CONCURRENT 11. What does a respondent do if 1. File a traditional
WITH all OTHER PLEADINGS they believe there is no merit MOTION FOR SUMMARY
or motions. for the lawsuit against them? JUDGMENT and argue
there is no GENUINE
4. 5 Things in a Request for 1. Correct party names
Disclosure 2. Damages
3. Fact Witnesses
7/08 4. Retained testifying experts.
5. Medical records.
5. When must a response 1. Within 30 days from the date JUDGMENT and argue
denying a discovery of service. that the plaintiff has
request be filed? 2. After 30 days, it is deemed offered no evidence to
admitted without the necessity of support his claim.
7/08 a court order.
12. What is the response to a 1. Object to the summary
6. How is a discovery File a MOTION TO Motion for Summary judgment.
admission withdrawn WITHDRAW the deemed Judgment? When? 2. Present the ___
when it was admitted admission showing (evidence) showing that s a
because you didn't 1. good cause for the untimely 2/08, 7/08 GENUINE ISSUE OF
respond in time? filing of the response, and MATERIAL FACT exists.
2. that the withdrawal will not 3. Response should be filed
7/08 unduly prejudice Peter. NO LATER THAN SEVEN
7. What do you do when the File a MOTION TO COMPEL, as DAYS PRIOR TO THE
opposing party objects to allowed under the rules of HEARING.
your discovery request or discovery.
doesn't comply fully?

2/08, 7/08, 7/10

8. How can records be 1. SUBPOENA them compelling
obtained from non- them to produce the records
party? (without requiring them to
appear for deposition)
7/08 2. File a request for production,
and subpoena them for oral or
written deposition.
13. What do you do when 1. File a MOTION FOR 18. Response when Object on the grounds that any
one of your witnesses CONTINUANCE. opposing party tries to communication about the
might not be available 2. Argue the witness is not introduce testimony of a subject of a dispute made by a
on the day of the available. mediator from a participant in an ADR procedure
deposition? 3. Support the motion with an previous mediation is
affidavit providing the witness's proceeding? 1. CONFIDENTIAL,
7/08 name and address, stating the 2. NOT SUBJECT TO
witness is material and why; 2/08, 7/08, 7/11 DISCLOSURE, and
4. Due diligence was used to 3. CANNOT BE USED AS
procure the testimony but EVIDENCE.
19. The court submits to the 1. Object on the ground that the
jury a question asking jury question omits ___ (party).
who's at fault, but the The objection should be
5. Continuance is NOT SOUGTH
question omits a party. SPECIFIC in identifying the
What do you do? error, be IN WRITING, and
14. How are peremptory 1. Two-party case: Each side When? made OUTSIDE THE
strikes allocated in a entitled to SIX PEREMPTORY PRESENCE OF THE JURY.
two-party case? STRIKES. 2/0, 7/08 2. Objection should should be
In a multiple party 2. Multiple Party case: Each made BEFORE THE CHARGE IS
case? defendant will probably get SIX READ TO TO THE JURY.
20. What motion can a File a MOTION JNOV
defendant file if the (judgment notwithstanding the
Because the court has decided that
amount the jury awards verdict) asking the court to
the parties are antagonistic to
to the plaintiff for future disregard the jury findings
each other, it has the discretion to
medical expenses is not because there is no evidence to
determine the number of strikes to
supported by evidence? support the amount.
give to each side, or to equalize the
strikes by increasing the strikes on
7/08, 7/10
one side or decreasing the strikes
on the other, or both. 21. How does the plaintiff 1. Have court clerk issue the
provide the defendant citation.
15. How do you object to a Make a HEARSAY OBJECTION,
with formal notice of the 2. Serve defendant (or registered
statement made out of based on the the grounds that it
lawsuit? agent) with CITATION AND
court? was an
2/08 3. Served by personal delivery, or
2/08, 7/08 made by
sent registered or certified mail.
DECLARANT, for the 22. How does a defendant 1. File affidavits to make a
3. TRUTH OFTHE MATTER reply to a motion to PRIMA FACIE CASE that venue
ASSERTED. change venue? is proper.

16. To suggest your client Object on the grounds that

is liable, plaintiff tries evidence of furnishing or
to introduces evidence promising to pay medical bills 23. When a defendant that 1. With the RESPONSE, file a
that your insurance caused by an injury is has been served has his COUNTERCLAIM.
paid for the plaintiff's inadmissible to prove liability for own claim that arose 2. It will be COMPULSORY if it
medical bills. How do an injury from the same arises from the same
you respond? transaction as the transaction.
plaintiff's suit, what 3. If defendant fails to raise the
7/08 does he do, and when? counterclaim, it will be waived.

17. Plaintiff tries to 1. Object on grounds that the

impeach your client by impeachment is improper.
offering evidence of 2. UNDER THE RULES OF
your client's conviction EVIDENCE, you can impeach by
of a misdemeanor. offering a CONVICTION OF A
How do you respond? FELONY or a CRIME OF MORAL
TURPITUDE, but not a
7/08 misdemeanor.
24. What does Plaintiff do when File a PLEA IN 28. What do you do File a BATSON CHALLENGE;
Plaintiff serves defendant, but ABATEMENT in the when opposing 1. Must make a PRIMA FACIE case
before defendant files answer, OTHER jurisdiction. party uses that opposing counsel ssed his strikes
defendant sues plaintiff in Argue that the peremptory strikes in a DISCRIMINATORY MANNER.
another jurisdiction? 1. First jurisdiction has to remove all 2. Make challenge AFTER VOIR
dominant jurisdiction jurors of a DIRE, but BEFORE JURY IS SWORN.
2/08 because the lawsuit was particular race? 3. Burden then shifts to opposing party
filed there first; When? to offer a RACE-NEUTRAL
2. In the first suite What is opposing explanation of each suspect challenge.
VENUE IS PROPER; party's response?
3. First suit is STILL
PENDING, and; 2/08
4. The two suits involve
29. Prior to trial, what 1. File a MOTION IN LIMINE, to
should be filed to preclude IRRELEVANT and
25. Five forms of Discovery 1. Request for Disclosure counsel from information.
permissible by TRCP 2. Request for Production entering evidence? 2. Should be IN WRITING.
of Documents 3. Supported by EVIDENCE.
2/08, 7/10 3. Oral or Written 2/08, 7/10, 7/11
30. Opposing counsel 1. OBJECT on the ground that the
4. Interrogatories.
tries to call your conversation was a privileged
5. Requests for
client's ex-wife to confidential communication between
testify about a spouses.
26. When and in what manner 1. Serve a written conversation they 2. Client has the right, even after the
should a party respond to a response within 30 days had WHILE they marriage ends, to prevent his ex-wife
request for production? after the date of service of were married. from disclosing the information.
the request for What do you do? 3. Doesn't apply to fraud.
2/08 documents.
2. A) Produce the 2/08
documents, b) make a
31. The jury sends the 1. Provide WRITTEN
it's deadlocked. instructions (a.k.a. ALLEN CHARGE)
What does the encouraging the jury to continue
27. What should a defendant file if 1. Defendant should file court tell the jury? deliberating.
the plaintiff's petition does not a SPECIAL EXCEPTION
state damages (or that any to inform the plaintiff 2/08
kind of defect needs to be that a defect in the
32. What should the 1. The court should reject the verdict as
cured)? pleading needs to be
court do if the jury incomplete if ALL MATERIAL
returns an QUESTIONS submitted to the jury were
2/08 2. Court should order
incomplete not answered.
plaintiff to AMEND the
response? 2. The court should provide written
instructions pointing out the defect.
33. What must a Plaintiff must allege in his lawsuit that
plaintiff allege in a Defendant is a
lawsuit against a 1. nonresident, who has ENGAGED IN
nonresident and BUSINESS in Texas,
who must be 2. that it does not maintain a regular
served? place of business in Texas, 3. Does not
have a designated agent for service of
07/11 process, the 4. The lawsuit arises from
the nonresident's business in Texas.
STATE as agent for service on the
34. What pleading should File a VERIFIED SPECIAL 39. What instrument should be To determine whether
be filed to object to APPEARANCE, which under the filed to determine whether opposing party has
being sued in Texas, DUE ORDER OF PLEADING in opposing counsel has insurance coverage, you
and when should it be Texas, must be filed before the insurance coverage? should file a Request for
filed? time for filing the answer; that is, Disclosure. However, this
prior to any other pleading, plea, 7/11 may also be obtained
7/11 or motion. through Interrogatories.
35. You object to Opposing The Court should sustain the 40. Where should depositions In the absence of an
counsel demands for a objection to the demand for a jury take place? agreement, party depositions
jury trial on venue. trial on the venue issue, since may be taken in the county
How should the court under the rules, all venue 7/11 of suit;
respond? challenges are determined by the
41. What should a defendant 1. In its answer, by 10:00
court without the aid of a
file when he believes the am on Monday after the
7/11 jury.
plaintiff did not read expiration of 20 days,
36. Is a party entitled to an No, generally there are no warning labels before being defendant should raise the
interlocutory appeal of interlocutory appeals of venue injured? When? AFFIRMATIVE DEFENSE
the Court's order determinations. However, in the of contributory negligent.
denying a motion to event that the appellate court rules 7/10, 7/11 2. IF ANSWER WAS
transfer venue? that venue was improper, it is ALREADY FILED, amend
reversible error. answer to include the
7/11 affirmative defense, within 7
37. Opposing counsel 1. The Court should sustain the
else leave of court will be
submits 50 separate objection to the 50 interrogatories
interrogatories and since, under the rules ONLY 25
requests for admission INTERROGATORIES are allowed. 42. A party files a jury demand The Court should deny Pat's
to Pat. You object. How 2. Court should overrule the with the original petition, motion to withdraw his jury
should court rule? objection regarding the Requests then files a motion to demand since the rules
for Admissions. REQUESTS FOR withdraw the jury demand. require
7/11 ADMISSIONS ARE UNLIMITED, Opposing counsel objects. that A PARTY MANY NOT
unless the Court finds that the How should court rule? WITHDRAW HIS JURY
requests are unduly burdensome DEMAND OVER THE
and harassing. 7/11 OBJECTIONS OF ADVERSE
38. Opposing counsel 1. ASSERT A PRIVILEGE, and
requests production of either in its response or a separate 43. When opposing party files a File a SPECIAL EXCEPTION
your written notes as document, motion saying your client requesting that opposing
well as names and 2. Make a WITHHOLDING was at fault, but the motion party re-plead with
addresses of STATEMENT which must A) state includes no facts, what specificity the facts they rely
witnesses. How do you that the information responsive to pleading is filed to request upon to support their
avoid production? the written discovery request is the party to specify the contributory negligent
being withheld, B) identify the facts? defense.
07/11 request
to which the information or 7/10, 7/11
material relates, and C) identify
44. Opposing party plans to say Court should grant your
the privilege asserted.
they don't have insurance motion to exclude the
3. Names and addresses of the
and that a large verdict will evidence that opposing party
destroy them. You object is not covered by liability
since they are persons having
and file a motion to exclude insurance. Under the rules
knowledge of relevant facts, and
the evidence. How should evidence, whether or not a a
discoverable under the rules.
court rule? person was insured against
liability IS NOT
7/11 ADMISSIBLE upon the issue
whether THE PERSON
otherwise wrongfully.
45. At trial, plaintiff's neighbor The Court should overrule 49. What recourse is 1. Move for sanctions against the
says that before the the the objection since this available when a party party and make a motion for an
accident plaintiff told testimony is not hearsay, but fails to produce a order compelling discovery.
neighbor the product was rather it constitutes an witness at the 2. The sanctions may include a
dangerous. Defendant's ADMISSION BY A PARTY deposition as noticed? request opposing party be ordered
counsel objects as hearsay. OPPONENT, which is to pay reasonable expenses,
How should court respond? admissible under the rules. 7/10 including attorney​s fees. 3. In
addition, you may move the court to
7/11 render a default judgment against
opposing party or to strike its
46. What does defendant file if File a MOTION FOR
defendant believes the DIRECTED VERDICT and
evidence is legally argue that the evidence was 50. After the judgment is The motion for new trial will be
insufficient to support jury legally insufficient to signed, and a party considered
findings and judgment support jury findings and files motion for a new overruled by operation of law on
against him? judgment against defendant. trial. If no action is the expiration of 75 days after the
taken by any party, judgment was signed.
7/11 when, if ever, will the
judgment become
47. If a revised petition, filed as file a Motion to Dismiss or
a result of a Special strike
Exception, still has defects, the gross negligence
what do you do? allegations. If the court
granted the Special
7/10 Exception ordering
Paul to re-plead to include
the gross negligence
allegations, it will most
grant the motion to
dismiss/strike if it
determines that the defects
in plaintiff​s petition
are incurable
48. Petition names "Defendant 1. File a VERIFIED DENIAL
Construction" and not alleging that it has been
"Defendant Construction, sued in the wrong capacity.
Inc." as a defendant. What 2. In addition, Defendant
pleading should defendant should file a VERIFIED
file to assert its corporate PLEA IN ABATEMENT
capacity in order to protect identifying the (A)
its officers, directors, and impediment to the
shareholders from personal continuation of the suit, (B)
liability? identifying the cure, and (C)
asking the court to
plaintiff amends the petition
to correct the defect.