Texas Practice Mid Term 2012- Otero

Front 1

Justice courts can issue writs of mandamus and injunctions.

Back 1

False, no writs of mandamus.

Front 2

District courts have residual power. This means that by constitutional mandate, the district courts have jurisdiction in all cases unless exclusive jurisdiction is conferred on some other court.

Back 2

True

Front 3

In Texas, two documents must be filed in accordance with a due order of pleadings: Motions to Quash and Pleas to the Jurisdiction.

Back 3

False, special appearance and then a motion to transfer venue.

Front 4

Constitutional county courts have authority to hear cases between $200.01 and $100,000.

Back 4

False, $200.01-$10,000

Front 5

There are no jury trials in justice courts.

Back 5

False

Front 6

A special appearance is filed by a defendant to challenge the subject matter jurisdiction of the court.

Back 6

False, filed by D to challenge personal jurisdiction

Front 7

To challenge improper service, defendant should file a plea to the jurisdiction.

Back 7

False, plea to jurisdiction is to challenge subject matter jurisdiction

Front 8

County courts-at-law are created by the Texas Constitution.

Back 8

True

Front 9

The Texas Rules of Civil Procedure contain rules specific to the justice courts.

Back 9

True

Front 10

Every statutory county court has the same jurisdiction as the constitutional county court in that county unless modified by 1) the statute that created the statutory county court, or 2) a statute that applies to all statutory county courts.

Back 10

True

Front 11

A district court has concurrent jurisdiction with a justice court for cases between $500.01 - $10,000.

Back 11

False, $500.01 to unlimited.

Front 12

There are three ways to attack a default judgment in the trial court.

Back 12

True, Two are in a trial court – motion for new trial, and bill of review – and the other is in an appellate court, the restricted appeal.

Front 13

Local court rules have a number of important functions, such as handling the court’s docket, pretrial matters, and handling motion calendar.

Back 13

True

Front 14

There is no difference between filing and serving documents.

Back 14

False

Front 15

There is no difference between state courts and federal courts.

Back 15

False

Front 16

The U.S. Constitution creates all the Article III courts.

Back 16

True

Front 17

Rule 21a applies to the service of all documents, other than the citation.

Back 17

True

Front 18

Defendant is served on Tuesday. For purposes of computing time, you begin counting on the next day.

Back 18

True

Front 19

To preserve a complaint for appeal, a party must make an objection or present some motion to the trial court and obtain a ruling.

Back 19

True

Front 20

Preserving error for appeal is an integral part of litigation.

Back 20

True

Front 21

In a motion for new trial, a party asks the trial court to reconsider and rectify trial error – the court’s ruling or the jury’s finding – by granting a new trial.

Back 21

True

Front 22

If you are going to be late with a pleading, you should file a motion for enlargement of time.

Back 22

True

Front 23

If a party files or serves a document late, the late-filed document is not effective. A. Extraordinary circumstances.

Back 23

False

Front 24

Defendant is served with process on Sunday. According to the rules, this service is valid.

Back 24

True

Front 25

An attorney may withdraw from a case at any time without notifying the court.

Back 25

False

Front 26

Under Texas practice, Rule 11 must be filed within 10 days of the parties’ agreement.

Back 26

False, the filing requirement is satisfied so long as the agreement if filed before it is sought to be enforced (annotations—Padilla v. LaFrance)

Front 27

Under Texas practice, an answer to a petition must be filed within 20 days of service.

Back 27

True, a. In district and county courts, the defendant must file its answer by 10:00 am on the first Monday after the expiration of 20 days from the date the defendant was served with process. R. 99(c).

Front 28

According to Rule 21a, you add three days to response time for any document that is received by mail.

Back 28

True

Front 29

To preserve a complaint for appeal, a party must make an objection or present some motion to the trial court and obtain a ruling.

Back 29

True

Front 30

In a motion for new trial, a party asks the trial court to reconsider and rectify trial error – the court’s ruling or the jury’s finding – by granting a new trial.

Back 30

True

Front 31

With some limited exceptions, an appeal can be prosecuted only from a final judgment.

Back 31

True

Front 32

The date of signing the judgment or final order disposing of the case begins the deadlines for filing post judgment motions and for perfecting an appeal.

Back 32

True

Front 33

A judgment becomes final and appealable when the trial court loses plenary power to change it.

Back 33

True

Front 34

Any post judgment motion - not matter what is called - will extend plenary power if it 1) seeks substantive change in the judgment and 2) is filed within the time limits for a new trial.

Back 34

True

Front 35

The date the court loses plenary power depends on the date the judgment was signed, whether one of the post judgment motions extending the court’s plenary power was filed, and if filed, whether the motion was overruled or granted. If no post trial motions are filed, the trial court loses plenary power and the judgment becomes final 30 days after it was signed.

Back 35

True

Front 36

List the plenary power extending motions.

Back 36

New Trial, Bill of Review or Restricted Appeal.

Front 37

When a party files a plenary-power-extending motion, its plenary power expires 76 days after the day the judgment was signed.

Back 37

False, 105 days

Front 38

When a party files a plenary-power-extending motion, the trial court’s plenary power over its judgment is extended until 30 days after the motion is overruled, either by written order or by operation of law, whichever occurs first.

Back 38

False

Front 39

Filing a plenary-power-extending motion extends the appellate timelines.

Back 39

True

Front 40

When a trial court grants a motion for new trial, the original judgment is set aside and the case is reinstated on the trial court’s docket. In that event, the trial court retains ongoing plenary power until it signs another final judgment.

Back 40

True

Front 41

A motion for new trial is not necessary to preserve most errors in a nonjury trial.

Back 41

True

Front 42

Defendant filed a timely motion for new trial. The court does not rule on it. The motion becomes overruled by operation of law 105 days from the day the judgment was entered.

Back 42

True

Front 43

A plea to the jurisdiction challenges the court’s personal jurisdiction over the defendant.

Back 43

False

Front 44

If you are serving a document on your opponent, you should adhere by the mail box rule in R. 5.

Back 44

True

Front 45

Your client was served with process yesterday. You compute the response time, and the 20th day is this coming Monday. Under the rules, the answer is not due until the following Monday. Time to file is Monday after expiration of 20 days is time to file answer.

Back 45

True

Front 46

Filing a plenary-power extending motion extends the appellate timelines.

Back 46

True

Front 47

If you are going to be late with a pleading, you should file a motion for enlargement of time.

Back 47

True

Front 48

If a party files or serves a document late, the late-filed document is not effective.

Back 48

False

Front 49

Defendant is served with process on Sunday. According to the rules, this service is valid.

Back 49

False, Not on Sundays

Front 50

An attorney may withdraw from a case at any time without notifying the court.

Back 50

False

Front 51

Under Texas practice, Rule 11 must be filed within 10 days of the parties’ agreement.

Back 51

False

Front 52

Under Texas practice, an answer to a petition must be filed within 20 days of service.

Back 52

True

Front 53

According to Rule 21a, you add three days to response time for any document that is received by mail.

Back 53

True

Front 54

Once a defendant is served with process and is before the court, all other documents filed with the court should contain a Whitney Certificate.

Back 54

False, only for Service of Process

Front 55

A motion to modify a judgment should be filed sixty days from the date judgment is signed.

Back 55

False, 10 days

Front 56

A motion for new trial is timely filed. Judge denies the motion two days after it was filed. Judge now has 75 days of plenary power over the judgment.

Back 56

False, 30 days

Front 57

The concurrent jurisdiction of a district court and a county court is from $500.01 to $100,000.

Back 57

False

Front 58

Among other things, pleadings define the lawsuit, set forth the parties’ allegations, inform the court and the opponent about the facts and legal theories.

Back 58

True

Front 59

Service of process is accomplished even when the petition is not attached to the citation.

Back 59

Flase

Front 60

Bob is suing Jane. He has not attempted service of any kind, but he believes it’s going to be hard to serve her. The best route for him is to effectuate substituted service.

Back 60

False, due diligence not complete.

Front 61

Texas defendants cannot waive formal service of process because it’s not allowed by the TRCP.

Back 61

False

Front 62

To get a default judgment, you must make sure the return of service has been sitting in the court file for at least seven days.

Back 62

False

Front 63

There is a rule of civil procedure that deals specifically with special appearance.

Back 63

True 120a

Front 64

Under Texas practice, if you are filing a special appearance, affidavits must be filed 15 days before the hearing.

Back 64

False, 7 days 120a 3

Front 65

A Restricted Appeal will be filed to attack a default judgment when the judgment was entered within the last 18 months.

Back 65

False, RA must be filed within 6 months

Front 66

A bill of review is filed in an appellate court.

Back 66

False, Trial Court

Front 67

A writ of mandamus is an original proceeding in a trial court.

Back 67

True

Front 68

No judgment is valid unless the defendant has been served with process, accepted or waived service, or entered an appearance in the case.

Back 68

True

Front 69

Defendant receives interrogatories by mail. He should add three days to the response time.

Back 69

True

Front 70

Findings of Facts and Conclusions of Law are generally requested at the end of a hearing before a judge or a jury.

Back 70

True

Front 71

A Special Appearance must be filed prior to any other pleading or waived.

Back 71

True

Front 72

I serve the Secretary of State on September 7th. He forwards the process on September 10th. For purpose of computing time, Defendant is served on September 10th.

Back 72

False, starts counting on the 7th, day SOS got it.

Front 73

According to the rule, in terms of computing response time, the last day of the event is not included.

Back 73

True, R. 4 day of act is not included, last day included unless Sat., Sun, or legal holiday.

Front 74

Defendant files a special appearance but fails to request a hearing and proceeds to trial. He has preserved error for appeal.

Back 74

False

Front 75

Judge denies a special appearance. The best way to appeal is by filing a writ of mandamus.

Back 75

False, appeal on Interlocutory appeal

Front 76

Two things must be alleged in a writ of mandamus: abuse of discretion and no adequate remedy by appeal.

Back 76

True

Front 77

Under R. 106, you can serve a defendant by substituted service without the need to obtain court permission so long as you filed an affidavit of diligent search.

Back 77

True

Front 78

Only constables can serve process in Texas.

Back 78

False, Sheriff, etc...

Front 79

Ordinarily, a party may not obtain immediate appellate review of trial court’s decision, as courts of appeals generally have appellate jurisdiction over final judgments.

Back 79

True

Front 80

Client learns that a default judgment was entered 8 months ago. The best way to attack the default judgment is by filing a bill of review.

Back 80

False, 6 months

Front 81

James Jordan, a resident of Travis County, was involved in a car accident in Bexar County with a truck owned by ABC Corporation. The accident resulted in serious personal injury and property damage to James’s car. Carlos Hernandez was driving the truck. Carlos is a resident of Maverick County. ABC Corporation, incorporated in Delaware, has its principal place of business in Dallas County. James wants to sue Carlos. Where is venue proper?

Back 81

Bexar and Maverick

Front 82

Hearings on motions to transfer venue are conducted in front of a jury.

Back 82

False

Front 83

Defendant wants to move to transfer venue, he should file a Special Appearance.

Back 83

True

Front 84

Venue selection presupposes that the parties to the lawsuit have choices and preferences about where their case will be tried.

Back 84

True

Front 85

Venue may be proper in many counties under general, mandatory, or permissive venue rules.

Back 85

True

Front 86

Under the rules, motions to transfer venue must be verified.

Back 86

False

Front 87

Before filing suit, the plaintiff must decide in which of the 254 Texas counties the lawsuit should be filed.

Back 87

True

Front 88

Plaintiff who resides in Ft. Bend County is injured in a car accident when the driver of the defendant’s truck crashes into his car. The trucking company, an Ohio corporation, has several auto part stores in Texas. The accident happened in Travis County, but the plaintiff alleges that venue is proper in Harris County because one of the defendant’s store is located in that county. Under the venue rules, Harris is a county of proper venue.

Back 88

False

Front 89

Mary Brown, a resident of Harris County, was involved in an automobile accident resulting in personal injuries. The accident occurred in Bexar County when Ralph, an 18-wheeler driver, a resident of Hidalgo County, and an employee of ABC Trucking Company crashed into Mary’s vehicle. ABC is a domestic corporation with its principal office in Maverick County. Mary is suing ABC Company. Where is venue proper?

Back 89

Bexar and Maverick Counties

Front 90

Peter, a resident of Nueces County, Texas, was attempting to cross a public street in Jim Wells County, Texas when he was struck by a car driven by David, a resident of Brooks County, Texas. Peter sustained serious injuries in the collision. The owner of the car was David’s employer, Express Co. (“Express”), a Texas Corporation, whose principal place of business is in Bexar County, Texas. Does Peter have a proper basis for filing suit in Nueces County, Texas?

Back 90

No

Front 91

Same as above. Assume Peter sues David and Express. David wants to file a motion to transfer venue. What is the timeline to do so in Texas?

Back 91

45 days from the date of service of process

Front 92

Same as above. David files a timely motion to transfer venue. He wants to set the motion for hearing. Under the rules, how many days notice must he give to Peter?

Back 92

45 days

Front 93

Same as above. Assume that David has set the matter for hearing with proper notice to Peter. Peter wants to respond. Under the rules, how much time does he have to do so?

Back 93

7 days prior to the hearing

Front 94

Defendant is served with process. He files a general denial. Six months later, he discovers that venue is improper and he wants to challenge it by filing a motion to transfer venue. Under the rules, can he do so?

Back 94

No, waived, filed answer

Front 95

Under the Civil Practice & Remedies Code, a denial of a motion to transfer venue based on the inconvenience of the parties may be appealed.

Back 95

True

Front 96

In a suit with multiple plaintiffs, each plaintiff must be able to establish proper venue.

Back 96

True

Front 97

An objection to improper venue is waived if not made by written motion filed prior to or concurrently with any other plea, pleading, or motion, except the special appearance.

Back 97

True

Front 98

Venue is determined by facts as they existed at the time the cause of action accrued.

Back 98

True

Front 99

A written consent of the parties to transfer the case to another county may be filed with the clerk of the court at any time.

Back 99

True

Front 100

All venue challenges shall be determined by the court with the aid of the jury.

Back 100

False

Front 101

The court shall determine the motion to transfer venue on the basis of the pleadings, any stipulations made by the parties, affidavits, and attachments as may be filed in accordance with the rules.

Back 101

True

Front 102

A defendant raises the question of proper venue by challenging the plaintiff’s choice through a motion to transfer venue.

Back 102

True

Front 103

If any claim in a suit is controlled by a mandatory venue provision, all properly joined claims arising from the same transaction or occurrence, or series of transaction or occurrences, are controlled by the same provision.

Back 103

True

Front 104

No act or omission constituting waiver by one defendant impairs the right of any other defendant to challenge venue.

Back 104

True

Front 105

In a suit in which two or more defendants are joined, any action or omission by one defendant in relation to venue, including a waiver of venue by one defendant, does not operate to impair or diminish the right of any other defendant to properly change venue.

Back 105

True

Front 106

A party may apply for a writ of mandamus with an appellate court to enforce the permissive venue provisions of Chapter 15.

Back 106

False, Writ of Mandamus filed in Trial Court

Front 107

Plaintiff is a resident of Travis County, Texas and the defendant is a resident of Bexar County, Texas. The plaintiff sues the defendant for personal injury in an accident that occurred in Bexar County. Suit is filed in Travis County. This is a proper venue.

Back 107

False

Front 108

Trey slipped, fell and injured himself while he was shopping at the Home Grocery Store ("Home") at its only location in Collin County. Trey's fall was caused by water on the floor which came from the ice machine. The machine was owned and maintained by Ice Products ("Ice"), whose principal place of business is in Parker County. Trey filed a suit for damages in district court in Dallas County, his county of residence, alleging that Home and Ice were jointly and severally negligent and that their negligence proximately caused his injuries. Trey’s choice of venue is proper.

Back 108

False

Front 109

Same as above. Ice files a motion to transfer venue and sets the matter for hearing. Trey wants to reply to this motion. What is the timeline to do so?

Back 109

7 days before hearing

Front 110

Parker, a resident of Nueces County, purchased a used water heater from Supply Corp. (“Supply”) in Harris County. Jones, a resident of Harris County, installed the water heater in Parker’s home. Two weeks later, Parker suffered serious injuries when the heater exploded and started a fire. Appliance, Inc. (“Appliance”), a company with offices only in the State of Maine, was the manufacturer of the water heater. Appliance markets and sells its water heaters only in the State of Maine. Parker files suit in Nueces County against Supply, Jones and Appliance to recover damages resulting from his injuries. This is a county of proper venue.

Back 110

False

Front 111

When there are two counties of mandatory venue, plaintiff’s choice of one does not preclude a transfer to the other. The defendant may move to transfer to another county of mandatory venue.

Back 111

True

Front 112

When there is a county of mandatory venue and a county of permissive venue, the suit should be brought in, and upon motion it must be transferred to the county of mandatory venue.

Back 112

True

Front 113

Assume a court grants or denies a transfer under §15.002(b), this ruling is ground for appeal or mandamus.

Back 113

True

Front 114

In a suit with multiple plaintiffs, each plaintiff must be able to establish proper venue.

Back 114

True

Front 115

Peter, a resident of Nueces County, Texas, was attempting to cross a public street in Jim Wells County, Texas when he was struck by a car driven by David, a resident of Brooks County, Texas. Peter sustained serious injuries in the collision. The owner of the car was David’s employer, Express Co. (“Express”), a Texas Corporation, whose principal place of business is in Bexar County, Texas. Peter brings a suit against Express. Peter decides to sue Express. Under the general venue rule, where is venue proper?

Back 115

Behar and Jim Wells

Front 116

Peter, a resident of Bexar County, Texas, stopped at a convenience store in Nueces County, Texas on his way to the beach. The store was owned and operated by Supplies, Inc., (Supplies), a Texas corporation with its headquarters and principal office in Travis County, Texas. While shopping in the store, Peter sustained personal injuries after being hit by a cart loaded with boxes. Daniel, an employee of Supplies, had lost control of the cart while pushing it. Daniel resides in Maverick County, Texas. Peter was taken to a local hospital for treatment of his injuries. Peter wants to sue Supplies and Daniel for the damages resulting from the injuries he sustained in the incident. Where is venue proper?

Back 116

Nueces, Maverick, Travis

Front 117

Both defendant and plaintiff can file a motion to transfer for the inconvenience of the parties.

Back 117

True

Front 118

Properties, Inc. (AProperties@) owns Apartments, located in Nueces County, Texas. Properties= principal office is in Dallas County, Texas. Sam is employed by Properties as manager of Apartments. Sam is a resident of San Patricio County. Betsy lives in Apartments. Betsy sustained serious injuries in a fire that consumed her unit in Apartments. The source of the fire was a broken electrical outlet. Betsy had asked Sam to replace the broken outlet weeks before the fire. The outlet had not been replaced prior to the fire. Betsy filed a lawsuit in Nueces County seeking damages against Properties and Sam, both of whom were served with a copy of the petition and citation three days after the lawsuit was filed. If Sam wants to object to being sued in Nueces County, what pleading must he file and when must he file?

Back 118

A Special Appearance

Front 119

Although a defendant can waive its own venue rights, it cannot waive the venue rights of a co-defendant.

Back 119

True

Front 120

Once venue has been challenged, and the plaintiff files a response, the defendant is not required to file a reply to the plaintiff’s response.

Back 120

True

Front 121

Once venue has been challenged, and the plaintiff files a response, the defendant is not required to file a reply to the plaintiff’s response.

Back 121

True

Front 122

The parties may engage in discovery for the motion to transfer venue and for the case-in-chief without waiving the issue of venue.

Back 122

True

Front 123

Mandatory venue is compulsory only if a defendant properly objects to the plaintiff’s choice of venue.

Back 123

True

Front 124

Which of the following are mandatory venue provisions?

a. land dispute
b. landlord-tenant
c. mandamus against state
d. injunction against execution of judgment

Back 124

All of the above

Front 125

The permissive venue provisions provide alternatives to the general venue rule.

Back 125

True

Front 126

Pleading plays a number of important functions: they set forth the parties’ allegations; define the suit; give notice of the facts and legal theories of the case; restrict the trial court in rendering a judgment; and, form the basis for appellate review.

Back 126

True

Front 127

A civil lawsuit is commenced in Texas by serving the defendant with process.

Back 127

False, by filing petition with court clerk

Front 128

The label “original petition” is the caption of the case.

Back 128

True

Front 129

Normally, the omission of a party in an amended petition indicates an intent to nonsuit that party.

Back 129

True

Front 130

General damages are those naturally and necessarily flowing from a wrongful act and would normally compensate for loss, damage, or injury that is presumed to have been foreseen or contemplated by the party as a consequence of its wrongful act.

Back 130

True

Front 131

The purpose of the prayer for relief is to tell the court what relief the party is seeking.

Back 131

True

Front 132

Demurrers are allowed in Texas practice.

Back 132

False

Front 133

The purpose of special exceptions is to inform the opposing party of defects in its pleadings so the party can cure them, if possible, by amendment.

Back 133

True

Front 134

Pleadings and motions are the same thing.

Back 134

False

Front 135

Special exceptions must be verified.

Back 135

True

Front 136

For next 7 questions, select from the following list the pleadings the party must file to make the stated the allegations:

a. Special Appearance
b. Special Exception
c. Mtn to Trsfer/ Chnge Venue
d. Plea to the Jurisdiction
e. Plea/Motion to Abate

Back 136

a. Special Appearance
b. Special Exception
c. Mtn to Trsfer/ Chnge Venue
d. Plea to the Jurisdiction
e. Plea/Motion to Abate

Front 137

The defendant, a nonresident, has never conducted business in Texas and Texas courts do not have jurisdiction over it or its property.

Back 137

Special Appearance

Front 138

The case should be tried in another county because of local prejudice.

Back 138

Motion to Transfer

Front 139

Another court has exclusive jurisdiction

Back 139

Plea to the Jurisdiction

Front 140

The pleadings do not state a cause of action because they do not include the element of injury.

Back 140

Special Exception

Front 141

Same dispute in another Texas court.

Back 141

Motion to Abate

Front 142

The court does not have jurisdiction over the subject matter of this suit.

Back 142

Plea to the Jurisdiction

Front 143

The plaintiff did not verify its petition.

Back 143

Special Exception

Front 144

The case should be tried in another county that is more convenient.

Back 144

Motion to Transfer

Front 145

The motion to abate must be verified.

Back 145

True

Front 146

The motion for special exception must be verified.

Back 146

False

Front 147

A motion to abate must be raised in a timely manner or it is waived.

Back 147

True

Front 148

Special exceptions must be in writing.

Back 148

True

Front 149

When drafting special exceptions, the defendant cannot challenge pleading defects by relying on facts outside the plaintiff’s petition.

Back 149

True

Front 150

At the hearing for special exceptions, evidence as well as arguments may be presented.

Back 150

True

Front 151

The party specially excepting must obtain a ruling or waive the exceptions.

Back 151

True

Front 152

Under the rules, it is acceptable for a court of law to make margin notations on the special exception either sustaining or overruling.

Back 152

False

Front 153

Subject matter jurisdiction is essential to determine the subject matter of the controversy.

Back 153

True

Front 154

Without subject matter jurisdiction, a court cannot render a valid judgment.

Back 154

True

Front 155

If the defendant's plea to the jurisdiction is valid, the plaintiff should admit it and do whatever is necessary to get the lawsuit into a court that has jurisdiction.

Back 155

True

Front 156

As a general rule, special exceptions should be filed by the defendant either with its answer or shortly thereafter and by the plaintiff shortly after the defendant files its answer. However, special exceptions may also be raised during trial.

Back 156

True

Front 157

All answers should contain a general denial.

Back 157

True

Front 158

A general denial puts all matters into issue that are pleaded by the plaintiff which the defendant is not required to deny under oath.

Back 158

True

Front 159

Verification is necessary to assert certain defenses when the issue is not apparent on the face of the plaintiff's pleadings.

Back 159

True

Front 160

A general denial includes affirmative defenses and permits the defendant to submit jury questions based on these defenses.

Back 160

False

Front 161

If a defendant wants to rely on an affirmative defense, it must specifically plead it.

Back 161

True

Front 162

An affirmative defense allows the defendant to avoid liability even if the allegations the plaintiff's petition are true.

Back 162

True

Front 163

Supplemental pleadings and amended pleadings are the same thing.

Back 163

False

Front 164

A motion to abate is waived if not presented to the court for ruling before a trial.

Back 164

True

Front 165

A motion to abate must be set for evidentiary hearing before the trial on the merits.

Back 165

True

Front 166

The hearing on a motion to abate is before a jury.

Back 166

False

Front 167

Once an amended pleading is filed, the earlier pleadings are no longer part of the proceedings.

Back 167

True

Front 168

The last amended pleading is called the "live" pleading. After amendment, statements in the earlier pleadings are no longer judicial admissions.

Back 168

False

Front 169

The amended pleading must comply with the rules of the original pleading; e.g. if the original pleading was verified, the amended pleading must also be verified.

Back 169

True

Front 170

As a general rule, trial amendments must be in writing and signed by the party or his attorney. However, in limited circumstances, an oral trial amendment is allowed if dictated into the record to the court reporter.

Back 170

True

Front 171

Accord and Satisfaction, Res Judicata, Release, and Contributory Negligence are affirmative defenses that must be verified.

Back 171

False

Front 172

Rule 63 states that pleadings may be amended within seven days of trial only after leave of the judge is obtained, which leave shall be granted by the judge unless there is a showing that such filing will operate as a surprise to the opposite party.

Back 172

True

Front 173

If the judge has entered a pretrial order limiting the amendment period, the parties may agree on their own to change that time period.

Back 173

False

Front 174

If you want to argue that the petition has a number of defects, you should file a summary judgment.

Back 174

False

Front 175

A supplemental pleading is made in response to the last pleading of an adverse party.

Back 175

False

Front 176

An issue is tried by consent when 1) a party introduces evidence to support an unpleaded issue and 2) the other party does not object to the to the admission of that evidence and, in a jury trial, to a jury question on that issue.

Back 176

True