Midterm for Rules of Civil Procedure

Witness fee for State and Federal

10 dollars for state and 40 dollars for federal

How many days does an employer have to contest a wage withholding order?

20 days

How many days do you have in state court before a motion for summary judgment can be ruled after it is filed?

21 days

Broad overview of Summary judgment

21 days to file notice traditional and no evidence

Under the general rules in state court how many days does someone have to respond to a pretrial motion?

3 days if personally delivered, 6 days if failed or faxed

An obligor was ordered to pay $1000 per month. How much child support must the obilgor owe before a petition to suspend issued license may be filed?

3 months

How far must an obiligor be behind in child support before a petition to suspend state issued license may be filed?

3 months

In county and district court how many days do you have to file a jury demand?

30 days before trial

Generally speaking, in a case when no motion for new trial is filed, in district and county court, what is the time you have to appeal the case?

30 days from the moment the judge signs the judgment

How many jurors it takes to get a verdict? Federal, county and district

5 of 6 in county 10 of 12 in district At least 6 and no more than 12 with a unanimous

in county court in civil cases how many jurors does it take for a verdict?

5 of 6 jurors

State court how many days the responding party can respond until the motion for summary judgment is over

7 day before hearing for the response

A motion may require all of the following documents except:

A summons

All four ways to execute civil judgment?

Abstract of judgment, Writ of Execution, Writ of Garnishment, and Motion to Appoint Receiver

Amending Pleading vs Supplementing Pleading

Amending Pleading. Can be amended freely up until a docket control order states that the pleading may not be amended. Supplemental pleading. Basically attached to it

Garnishing wages in Texas

Can't do it unless it's child support or student loans

Differences between a challenge for cause vs peremptory cause?

Challenge for cause is something that you want to remove a jury member for Peremptory cause is being able to strike a jury candidate without any reason

Who is the custodian for real property for the county of Texas?

County clerks

What happens if someone doesn't respond for a request for admissions for 30 days?

Deemed admitted

If an employee is injured on the job and starts receiving worker's comp, the employer is under no obligation to turn over the withholding order to their comp insurance carrier

False

If no lawsuit has been filed, it is not possible to attach proceeds from a personal injury action

False, not possible

Special exception, what is it?

It is when you want the pleadings to be more clear on the other side. Also a pretrial motion

If no motion for new trial filed. How long does it take to appeal the case?

It would take 30 days for both country and district courts

Besides a driver license, list a license that may be suspended for failure to pay child support

Let's just say a lot of licenses

Differences between pleading and motion

Pleading is your cause of actions and the basis for your case while a motion are orders you give the court so that they will apply to the lawsuit

All Forms of Discovery`

Request for Disclosure, Request for Admissions, Request for Production, Interrogatories, and Desposition

Which provision of Texas Rules of Civil Procedure addresses substituted service of citations?

Rule 106

How many days notice you have to give default judgment for state and federal court?

State court - at or immediate prior to the time on interlocutory or final default judgment is rendered Federal court - 7 days before hearing

What rule outlines filing and serving pleadings and motions?

TRCP 21

Who do you serve for a nonresident motor vehicle operated person?

Texas Transportation Commission Chairman

Civil Subpoena

The State is good for 150 miles. Witness is paid 10 dollars Federal subpoena is good for 100 miles from the district borders. Good anywhere the district is issued. Witness must be paid 40 dollars plus milage at the IRS rate for the self employed

Who typically files a no evidence motion of summary judgment?

The defendant

How long do you have to file a 3rd party petition before filing a motion of leave?

The third party plaintiff need not obtain leave to make the service if he files the third party petition not later than 30 days after he serves his original answer

Corporations can't represent themselves why?

They are an entity

A child support lien may be recorded with the county clerk in a similar manner that an abstract of judgment would be recorded

True

A court is obligated to enforce its judgment and decrees

True

Eventually, a judge may issue an order directing a sheriff constable to seize a vehicle license plate for failure to pay support

True

If a service problem has presented itself after filing a motion for contempt, there is an alternative to filing a motion for contempt and seeking incarceration as a remedy?

True

What's a motion for protective order?

When you file something to prevent information from getting disclosed

Third Party Action

assert claim against a new party

a motion in limine does the following

excludes certain prejudicial information from the jury

According to your instructor, a no evidence motion to summary judgment is typically filed by a plaintiff in a civil lawsuit

false

a corporation can represent itself pro se by an officer or director in county court as long as the amount in dispute is under $10,000

false

a judge in a criminal proceeding may not use criminal contempt as a punishment

false

a pleading filed by party usually seeking some form of temporary relief in the case such as trying to compel responses to a discovery request

false

according to rule 10 TRCP either an attorney or client can discharge each other at anytime

false

according to your instructor, a writ of execution is the most effective way of enforcing a judgment againsit an individual

false

there are no limits to the number of peremptory challenges a party can utilize

false

special appearance

filed when you are challenging the court's jurisdiction . This must be filed prior to filing any plea

what is the statute of limitations for slander and libel?

one year

Cross claim

suing a co defendant

counterclaim

suing the plaintiff

Intervention

the act when someone has an interest in the case. Outside influence

what happens if a party does not respond to interrogatories in the time allotted? (assume this is the first time they are late)

the propounding party can file a motion to compel, any objections the responding party was going to raise or could have raised are waived

a motion for protective order in civil court is filed so that the responding party will not have to respond to the discovery requests as they are raising some privilege or objection

true

the county clerk is the custodian of real property for the county

true

what is the statute of limitations to recover injuries from a personal injury?

two years

Special exceptions

what is filed to get an opposing party to clarify their pleadings