Texas Civil Procedure Bar Exam

Front 1

∆ files a special exception asking P to cure an ambiguous allegation. P refuses to rep lead and stands on its petition as written. What defensives steps should ∆ take in response?

Back 1

∆ can file a motion to DISMISS or STRIKE

Front 2

What do you file to compel more specific pleadings?

Back 2

SPECIAL exception.

must be:
-in writing,
-call for a hearing
-get ruling on the exception on the record

Front 3

How should a corporation protect its SHs, Officers and Directors from personal liability when the P's original petition does not indicate corporate status?

Back 3

file a VERIFIED DENIAL asserting the corp is not liable in the capacity in which it is sued

Front 4

Brandon sues Jason in district court. Jason was properly served with citations and a copy of P's Original Petition. When must Jason file an answer to avoid entry of a default judgment against him?

Back 4

to avoid default ∆ must file his written answer "on or before 10:00 AM" on the first Monday after the expiration of 20 days from the date he was served w/ process.

-This rule applies to both corporate and individual ∆.

Front 5

A response to a request for admissions is due within __ days after service of the request or else the request is __ __ w/out necessity of a court order.

Back 5

30; deemed admitted

Front 6

If a party fails to timely respond to a request for admission and the request is deemed admitted, what can that party do to avoid the effect of his error?

Back 6

file a motion to withdraw the deemed admission.

-court may permit withdrawal of the deemed admission upon a showing of GOOD CAUSE and that the court finds that the relying on the admission will NOT be UNDULY PREJUDICED

Front 7

no objection or assertion of work product is permitted in response to a request for __.

Back 7

disclosure

Front 8

the number of interrogatories is limited to __ by the rules, unless this is a level three discovery case and a court order authorizes a greater number of interrogatories.

Back 8

25

Front 9

the request for disclosure rule provides for production of medical records or, in lieu thereof, a medical __.

Back 9

authorization.

Front 10

failure to plead an affirmative defense __ the defense.

Back 10

waives

Front 11

in the district court, a verdict may be rendered by the concurrence of __ members of the original 12 person jury.

Back 11

10

-if less than 10 it must be unanimous.

Front 12

convictions are not admissible to impeach a witness unless the convictions are __ or crimes of __ __.

Back 12

felonies; moral turpitude

Front 13

a motion for new trial must be filed within __ days after the judgment is signed. The motion for new trial will be deemed overruled by operation of law on the __th day after the court signs.

Back 13

10;

75

Front 14

Requests for jury trial on issue of venue will be __.

Back 14

DENIED

-By rule, all venue challenges are determined by the court without the aid of a jury.

Front 15

the motion to transfer venue must be filed before any other plea or pleadings except a __ __. The motion may be submitted in a consolidated response so long as the due order of pleading is preserved.

Back 15

special appearance

Front 16

if it is determined on appeal that the court’s ruling on venue was improper, the judgment must be __.

Back 16

reversed

-no harmless error analysis here

Front 17

Response to request for admissions are due within __ days.

Back 17

30

Front 18

a counterclaim is __ if it arises out of the same occurrence that is the subject matter of the principal action

Back 18

compulsory

Front 19

Work product includes any material prepared or mental impressions developed in anticipation of litigation, and attorney’s notes and mental impressions are __ work product which is absolutely privileged

Back 19

core

Front 20

a party may move for summary judgment on the ground that there is no evidence of one or more essential elements of a __ or __ (insert facts) on which the nonmoving party would have the burden of proof at trial.

Back 20

claim; defense

Front 21

Hypo: During deliberations, one of the jurors becomes ill and is taken to the hospital. ∆ moves for a mistrial alleging there are only eleven jurors left and no alternates. Court should rule?

Back 21

a verdict may be rendered by the concurrence of 10 members of the original 12 person jury.
When the missing juror is “disabled form sitting,” the case can proceed even without the consent of both parties.

Front 22

Hypo: At mediation π presented witness statements and a video statement of her doctor regarding her injuries. case didn’t settle at mediation. ∆ then tries to discover the written statement and video statement. π objects that the written statement and video statement were prepared only for mediation, are privileged, and thus undiscoverable. ∆ moves to compel production.

Back 22

Court should grant the motion to compel production of the statements.
-Communications and material made or produced at a mediation are privileged and are generally not subject to disclosure.
-BUT, material used in or made a part of mediation is discoverable if it is discoverable independent of the procedure (mediation).
-The discovery rules allow the discovery of any witness statement including written statements and other types of recording of a witnesses oral statement.

Front 23

Attacking personal jurisdiction over a nonresident ∆:

-nonresident ∆ must file a verified __ __ asserting the court lacks personal jurisdiction. Due order of pleading requires this to be filed before any other pleading or it is __. The nonresident ∆ may use any form of discovery and at the hearing, proof may consist of any discovery, affidavits, or __ testimony.

Back 23

SPECIAL APPEARANCE;
waive;
oral

Front 24

Texas Long Arm Statute (service on SOS):

-P must allege in the petition that the nonresident ∆ is doing __ in Texas, does not maintain a __ place of business in Texas, nor maintain a __ __ upon whom service may be made.

Back 24

business;
regular;
designated agent

Front 25

General Venue Rules:

(i) the county in which all or a __ part of the events or __ giving rise to the __ occurred; or
(ii) if ∆ is natural person in the county where the ∆ resides at the time the cause of action accrued; or
(iii) if ∆ is NOT a natural person, in the county of the ∆'s __ __ in this state.

Back 25

substantial; omissions;
principle office

Front 26

What must the ∆ allege in the motion to transfer venue, what type of proof is admissible, and does the ∆ need to file any evidence with the motion?

Back 26

-county of suit is not proper venue and should be transferred to specified county.
-court may consider affidavits and all forms of discovery (but NOT oral testimony).
-∆ is NOT required to attach evidence to the motion.

Front 27

if the P want to respond to a motion to transfer venue, what should P file and when?

Back 27

P would need to respond to the motion not less than 30 days before the hearing on the motion to transfer venue.
-The response must present PRIMA FACIA proof by affidavits, and must include a specific denial of any of the ∆'s pleaded venue facts which P desires to contest.

Front 28

REQUESTS FOR DISCLOSURE:
[this rule allows the following info to be discovered by all parties w/out objection, or assertion of other work product privilege. remember the following]
• the correct names of the parties;
• name, address, phone of any __ witness;
• amount and method of __ economic damages;
•name, address, phone of persons w/ __ of relevant facts;
• witness statements not otherwise __.

Back 28

potential;
calculating;
knowledge;
privileged

Front 29

time to answer requests for disclosure:

•P must respond w/in _ days after service of the requests for disclosure.

•∆ has __ days to respond, except a ∆ has __ days from service of the requests if the ∆ was served w/ requests for disclosure __ his answer to the petition is due regardless of when the ∆ answers.

Back 29

- 30;

- 30; 50; before

Front 30

The rule from the last card is the same fro interrogatories, admissions, and requests for production.

Back 30

•P must respond w/in 30 days after service of the requests for disclosure.

•∆ has 30 days to respond, except a ∆ has 50 days from service of the requests if the ∆ was served w/ requests for disclosure BEFORE his answer to the petition is due regardless of when the ∆ answers.