Tx Civil Procedure: Pretrial Matters*

Front 1

To perfect right to a jury trial, civil litigants must file a written request for jury trial w/clerk and pay jury fee w/in reasonable time before the trial date on non-jury docket.

Not less than 30 days before the trial date.

Back 1

If request or payment is late and opposing party objects, requesting party must show that granting request will not injure other party, disrupt court's docket, or impede ordinary handling of court's business.

Front 2

Trial Settings

- Entitled to reasonable notice of not less than 45 days of a first trial setting.
- If party doesn't receive at least 45 days notice of first trial setting, object to trying the case w/o proper notice.

Back 2

Party should file a motion for continuance. If trial court denies motion, the party has preserved error and case will be reversed on appeal.

Front 3

Motion for Continuance

- In writing, under oath, show "sufficient cause" supported by affidavit, unless all parties agree to continuance
- Grant/denial undisturbed unless record shows clear abuse of discretion

Back 3

Unavailable W or Incomplete Discovery

P should submit an affidavit asserting:
- testimony is material and why;
- diligence was exercised to secure testimony;
- cause of the problem;
- testimony unavailable from another source;
- name/address of witness and substance of testimony; and
- continuance is not sought for delay but for justice

Front 4

Motion in Limine

- Pretrial ruling to prohibit opposing counsel/witnesses from mentioning/asking questions about a matter w/o approaching judge for a filing ruling.
- Ruling on motion is preliminary, preserves nothing for appeal!

Back 4

To properly preserve error, D must:

- object at time P makes statements;
- obtain court ruling disallowing evid;
- have court instruct jury to disregard statement.

If don't object at trial--> WAIVED

Front 5

Jury Shuffle

- Demand must be made prior to voir dire.
- Panel is randomly rearranged w/possibility that potential jurors at end of the list may be moved up and be more likely to serve

Back 5

Only one shuffle by judge in each case.

Front 6

Challenges for Cause

- Legal reason exists to disqualify juror
- Unlimited challenges for cause in any court
- If express equivocal bias, not disqualified- may ask additional voir dire to establish objectivity

Back 6

May challenge a juror for cause if juror:

- is interested directly or indirectly in subject matter;
- is a witness;
- has a bias or prejudice for/against a party; or
- is related to a party

Front 7

Preservation of Error (D challenges juror for cause and is denied)

Challenging attorney must show prejudice.

Back 7

- Make known to trial court the identity of the juror who should have been dismissed for cause.

Front 8

Peremptory Challenges

- Strikes a jury panelist for any reason or no reason.
- Objected to (race/ethnicity/gender) with Batson challenge

Back 8

* If 1 party on each side, each party gets 6 pc's (district court), 3 in county court.

Co-parties share 6 p.c.'s unless co-parties are antagonistic on any jury issue. Proof of antagonism entitles each co-party to 6 p.c.'s

* If court grants additional challenges, may file a motion to equalize.