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20 Cards in this Set
- Front
- Back
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Prerequisites to sue Oklahoma corp. in Texas by serving Sec. of State?
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Nonresident
Engaged in business in TX No agent for service in TX |
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PLeading to object to jurisdiction
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Special appearance, filed first
Alleging not amenable to service of process in TX |
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how to remove to fed. court?
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File 'notice of removal'
1. verified petition setting out facts entitling removal 2. w/i 30 days of SOP |
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When can a motion to transfer venue be filed?
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Must be filed concurrent or before any pleading except special appearance otherwise waived
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multiple defendants and one does not challenge venue in due order.
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Does not affect other defendants
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Oral depositions are limited to how many hours?
Interrogatories are limited to how many to all other parties? |
1. 50 hours per side
2. 25 interrogatories |
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What must plead and proved in order to enjoin?
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1. wrongful act occurred
2. it will likely succeed on the merits 3. it will likely suffer harm and the harm is irreparable/imminent 4. and no other adequate remedy |
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If enjoined and still acting, file what?
what relief? |
Motion for contempt
IMpose fine of <$500 or imprisonment |
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Co-defendants & attorneys protected by privilege?
Procedure to get a ruling on objection? |
Yes, Joint defense doctrine, atty-client privilege.
Motion to compel answer...do not grant. |
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P has expert witness, no report or opinion produced. If p files motion for D to designate expert, Can D depose expert of P?
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Yes, b/c they have not produced opinion or report of expert.
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If P corp. will not provide expert report or let D depose, what can D do?
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Motion for sanctions or motion to compel discovery.
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D has a testifying expert that reviewed a report by a consulting expert, can P compel discovery of the report?
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Yes, any report reviewed by the testifying expert is discoverable.
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P has not produced any evidence on damages, D files a 'no evidence' on damages SJ. What must P do?
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File response asserting time for discovery has not elapsed or produce evidence raising a genuine issue of material fact about dmgs
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3 defendants, how many peremptory strikes does each have?
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each Party D get's six if they are adverse on an issue going to the jury.
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W testifies in court to events that he could not recall in deposition. What steps to impeach him?
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Mention first contents of the stmt; the time, place and persons to whom the statement were made. Witness then can explain or deny, b/c in writing must show to witness.
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W testifies to emloyment K and refers to provisions 4-11, and atty offers for admission into evidence. Other atty thinks 12-35 are relevant, what remedy should atty request?
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Optional completeness...atty may request other parts of writing b/c in fairness it should be recorded as well.
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when is removal proper?
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diversity of citizenship and >$75k
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Venue proper where?
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1. events occurred
2. where D resides 3. where principal office is if not natural person 4. or if none above, where P resides premanently at time of events giving rise to action |
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what is allowed at a special appearance but not a motion to transfer venue?
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oral testimony
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notations on docket sheet or some later written order will preserve error for appeal?
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Yes, but not a notation on defendent's special exceptions.
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