Texas Civil Procedure Part 2

Front 1

PREPARING FOR TRIAL

Back 1

PREPARING FOR TRIAL

Front 2

What is the procedure to request a jury trial in a civil case?

Back 2

In writing, with a jury fee or affidavit of inability

Front 3

+++What must a Motion for Continuance contain?

Back 3

In writing,
Under oath,
Show sufficient cause supported by affidavit unless all parties agree

Front 4

When will a Motion for Continuance be granted?

Back 4

LOOK THIS UP

Front 5

+When will a judge's grant or denial of a Motion for Continuance be disturbed?

Back 5

Clear abuse of discretion.

Front 6

What is the purpose of a Motion in Limine?

Back 6

To prevent opposing counsel from mentioning or asking questions about a matter without approaching the judge for a final ruling.

Front 7

++What should be done to preserve error when opposing counsel disregards a motion in limine?

Back 7

1. Object timely.
2. Obtain order by court disallowing the evidence.
3. Have court instruct jury to disregard statement.

Front 8

VOIRE DIRE

Back 8

VOIRE DIRE

Front 9

When may the jury panel be shuffled?

Back 9

Before voir dire.

Front 10

How many peremptory challenges is each side allowed? If there are multiple parties?

Back 10

6 in district court, 3 in county court.

If multiple parties, they share unless the co-parties are antagonistic on any issue to be submitted to the jury, in which case 6 for each co-party.

Front 11

What are the requirements to be a juror?

Back 11

LOOK THIS UP IN PINK FLASHCARDS

Front 12

When can you challenge a juror for cause?

Back 12

1. Juror is interested in the subject matter of the case.
2. Juror is a witness
3. Has a bias or prejudice
4. Is related to a party.

*I think also if they have been convicted of a felony or theft and if they are not a US citizen.

Front 13

+What must be done to preserve error in a challenge "for cause" concerning a juror?

Back 13

Before peremptory challenge is used, must state that you will exhaust all your peremptory challenges and that specific objectional jurors will remain on the list.

Front 14

What is a Batson challenge?

Back 14

An objection that a jury panelist was excluded because of some prohibited classification such as race, ethnicity, or gender.

Front 15

AT TRIAL

Back 15

AT TRIAL

Front 16

1. What is "The Rule"?

Back 16

The Court swears witnesses on both sides and removes them from the courtroom so that they cannot hear the testimony from other witnesses.

Front 17

What is the standard of review for sanctions arising from violating THE RULE?

Back 17

Abuse of Discretion

Front 18

What are the exceptions from THE RULE?

Back 18

1. Parties and spouses thereof.
2. Officers of non-person parties who are the designated rep;
3. A person whose presence is shown by the party to be ESSENTIAL to the presentation of the case

Front 19

What are the sanctions for violating the rule?

Back 19

Excluding the testimony in whole or part;Holding the witness in contempt;Not allowing the witness to testify.

Front 20

+When may a party move for a directed verdict?

Back 20

1. When an opponent rests;
2. When an opponent closes;
3. When all parties close.

Front 21

+What is a directed verdict?

Back 21

The method used to present a party's argument that there are no controversial fact issues for the jury's determination.

Front 22

*What are both grounds necessary for a PLAINTIFF to successfully move for a directed verdict?

*Come back and look at this

Back 22

1. P has conclusively proven all elements of one ground of recovery.
2. D has failed to produce any evidence on one defense

Front 23

*What are the two grounds for a DEFENDANT to successfully move for a directed verdict?

Back 23

1. D has conclusively proven all elements of one ground of defense, OR
2. P has failed to produce any evidence on at least one element of each ground of recovery

Front 24

What are two requirements to preserve error on the jury charge?*LOOK THIS UP

Back 24

1. All complaints must be made before the charge is read to the jury and outside their presence;
2. All complaints must be ruled on by the judge.

Front 25

What are the three steps necessary to object to a jury charge?
*LOOK THIS UP

Back 25

1. Object to the specific portion of the charge.
2. State the basis for the objection.
3. Obtain a ruling.

Front 26

What are the minimum amount of jurors that must agree in district court? County court? Justice of the peace court?

Back 26

DISTRICT: 10 of 12
COUNTY: 5 of 6
JofP: 5 of 6

Front 27

What must occur for exemplary damages to be awarded?

Back 27

The verdict must be unanimous

Front 28

AFTER THE VERDICT

Back 28

AFTER THE VERDICT

Front 29

What may the losing party do after the jury returns a verdict?

Back 29

Request a jury poll.

Front 30

What is the purpose of a jury poll?

Back 30

To make sure that no juror was coerced and it was their verdict.

Front 31

+When may a judge disregard a jury's findings?

Back 31

When there is legally insufficient evidence to support a finding OR where the contrary evidence is conclusive.

Front 32

+What is the purpose of a motion for judgment notwithstanding the verdict?

Back 32

1. To challenge the legal sufficiency of the evidence.
2. To assert that the evidence conclusively establishes a fact opposite to the jury's finding

Front 33

+What are your options if you loose?

Back 33

1. Request a jury poll.
2. Make a motion for a judgment notwithstanding the verdict.
3. Make a motion for a new trial
4. In a bench trial, request the judge to make findings of fact and conclusions of law so that you can know the basis for his decision.
5. Ask the judge to set aside, modify, or amend the judgment sua sponte.
6. Appeal

Front 34

What is the time limit for a motion for judgment notwithstanding the verdict?

Back 34

After the court has entered judgment, but before it becomes final

Front 35

Misc.

Back 35

Misc.

Front 36

A party seeking affirmative relief must make his experts who did not furnish a report available for _____ . However, if an expert furnishes a ___ this does not apply.

Further, a party need not make his experts available for deposition until...

Back 36

deposition reasonably promptly after the expert is designated

report

all other experts (including the other side's) have been designated.

Front 37

+A party seeking affirmative relief must designate all testifying experts _____ before the end of discovery period.

Back 37

90 days