Tx Civil Procedure: Verdict And Judgment; Trial Before The Court

Front 1

For P to prevail, min # of juror needed:

State district court: 10/12
State county court: 5/6
State justice of the peace court: 5/6

Back 1

Exemplary damages may be awarded only if jury is unanimous in finding liability/amount.

In all cases where issue of exemplary damages is submitted to jury, must include in charge of the court: "You are instructed that, you must unanimously agree on the amount of any award of exemplary damages"

Front 2

Problems w/ Deliberations

Courts should give jury a supplemental, verdict-inducing instruction. Trial judge may suggest that jury further consider the charge in an effort to reach a verdict so long as the instruction isn't found to be coercive.

Back 2

If material questions not answered in the charge, the court should reject the verdict and, with proper instructions pointing out the defect, retire the jury for additional deliberations.

Front 3

Judgment on the Verdict

Judge accepts the jury's findings on the issues when there is some evidence to support that finding.

Back 3

A judge may disregard jury's findings only where there is no evidence (i.e., legally insufficient evidence) to support a finding or where the contrary evidence is conclusive. Court takes jury's findings, applies the law to those findings and renders a judgment.

Front 4

Motion for judgment notwithstanding the verdict should be used to:

1) Challenge legal sufficiency of evidence (no evidence supports jury finding; no more than mere scintilla, mere surmise or suspicion)
2) Assert that evidence conclusively establishes fact opposite to jury's findings

Back 4

* While rules don't have time limit for filing of JNOV, case law provides it may be filed after the court has entered judgment, but before it becomes final.

Front 5

Trial Before the Court

If judgment signed after trial to court w/o a jury, P can obtain basis of decision.

Back 5

BC no questions to be answered by judge, party must request judge to make findings of fact and conclusions of law.

Requests proper following evidentiary bench trial. Request must be filed w/clerk and served on all parties within 20 days after final judgment signed. Judge must file written finds and conclusion w/in 20 days after request.