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Civil Rules Update Denton County Bench-Bar Conference April 25-26, 2013

Civil Rules Update Denton County Bench-Bar Conference April 25-26, 2013. Justice Phil Johnson Texas Supreme Court. 82d Legislature’s (2011) mandate: Adopt Rules in eleven different areas by specified deadlines

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Civil Rules Update Denton County Bench-Bar Conference April 25-26, 2013

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  1. Civil Rules UpdateDenton County Bench-Bar ConferenceApril 25-26, 2013 Justice Phil Johnson Texas Supreme Court

  2. 82d Legislature’s (2011) mandate: Adopt Rules in eleven different areas by specified deadlines Orders adopting rules with the rules attached are posted and maintained on SCOTX website

  3. Justice Courts – Jx up to $10,000 (eff. 8/31/13) • “Small claims” (R. 500-07) • Debt collection (R. 500-07 + 508) • Repair/remedy claims by tenants (R.500-07+ 509) • Eviction proceedings (R.500-07 + 510) • Permissive interlocutory appeals (R. 168) • Offer of settlement (R. 167) • Dismissal of meritless claims (R. 91a)

  4. Expedited actions (R. 47, 169, 190.2, 190.5) Appeals from termination of parental rights (R. 306; TRAP 20.1, 25.1, 28.4, 32.1, 35.3) Returns of service (twelve rules amended) Expedited foreclosure of property owners’ association liens (R. 735-36)

  5. Dismissal of Baseless Claims ExpeditedActions

  6. R. 91a-Dismissal of Baseless Claims • Eff. 3/1/2013; applies to all pending cases • A cause of action has no basis in law if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to the relief sought • A cause of action has no basis in fact if no reasonable person could believe the facts pleaded

  7. Requires a motion. • Motion must be filed within 60 days after the first pleading containing the challenged cause of action is served on the movant • TC must rule and grant or deny within 45 days after the motion is filed; BUT parties may agree otherwise

  8. TC may not rule on the motion if, at least 3 days before the date of the hearing, the respondent nonsuits the challenged cause of action, or the movant withdraws the motion. • Evidence may not be considered except for attorney’s fees and costs; oral hearing is not required • Attorney’s fees and costs must be awarded to prevailing party

  9. Expedited Actions • New rule 169. Amended rules: 47, 190.2, 190.5 • Rules apply to cases filed o/a 3/1/2013. • Rule 47: Pleadings. Plaintiff must state whether only monetary relief of: $100k or less; $100k-$200k; $200k-$1mm; over $1mm. No discovery until compliance

  10. Rule 169: Expedited Actions • Does not apply to claims under Tax Code, Family Code, Property Code, CPRC Chapter 74 • Mandatory: Procedures apply if all claimants, other than counter-claimants, plead they seek only monetary relief aggregating $100k or less, including damages, penalties, costs, expenses, pre-judgment interest, and attorney fees

  11. Claimant’s judgment is limited to $100k maximum, excluding post-judgment interest • TC must remove from EA process if timely (1) motion and showing of good cause; or (2) amendment by a claimant to seek relief other than monetary relief of $100k or less • Late amendment taking suit out of EA process requires leave of court for good cause

  12. Discovery limits (R. 190.2) • 180 days beginning with service of first discovery • 15 each: interrogatories, requests for production, requests for admission • Depositions: 6 hours, can agree up to 10, but more than 10 only by court order (no change ) • may request disclosure of all documents, electronic information, and tangible items a party may use to support its claims or defenses

  13. ADR: unless parties have agreed not to do ADR, TC may refer to ADR one time • Limited time and cost for ADR: (1) not more than ½ day; (2) total cost limited to 2x filing fees; (3) must be completed no later than 60 days before first trial setting • Parties may agree to more ADR than rule specifies

  14. Trial time is limited to 8 hours per “side” but TC may extend time to 12 hours per side on motion and for good cause • “Side” is defined to be same as in R. 233 (apportionment of strikes)

  15. Time limit is for: (1) jury selection, (2) opening, (3) presenting evidence, (4) direct & cross exam, (5) closing • Specifically not included in time limit: (1) objections, (2) bench conferences, (3) bills of exception, (4) challenges to a juror for cause

  16. THE END But…

  17. Remember to VOTE In the Bar election- Deadline is April 30

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