Civil Procedure
Summaries
Ken Paxton
Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law|Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14
Greg Abbott
Juvenile proceeding under Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in|Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in proceeding under|Summons, juvenile court may order nonprevailing child or other nonprevailing party to pay costs of serving|Juvenile court may order nonprevailing child or other nonprevailing party to reimburse costs of serving summons in proceeding under Juvenile Justice Code
Greg Abbott
Forcible entry and detainer suits, whether private process servers may serve citations
Greg Abbott
Derived judicial immunity applies to officials exercising the functional equivalent of judicial discretion; generally, a bailiff and chief of courthouse security screening individuals at the courthouse would not be exercising the functional equivalent of
Greg Abbott
Driver's license suspension appeal, State Office of Administrative Hearings is not required to furnish a free transcript in an administrative driver's license suspension appeal|State Office of Administrative Hearings is not required to furnish a free transcript in an administrative driver's license suspension appeal
Greg Abbott
Independent school district may not defray legal expenses of administrator who files action for defamation|Legal expenses of administrator who files action for defamation, school district may not defray legal expenses of
Greg Abbott
Record a deposition solely by non-stenographic means under Rule 199.1 without violating sections 52.021 and 52.033 of the Government Code, a party to litigation, the attorney of the party, or a full-time employee of a party or a party’s attorney may
Greg Abbott
Recall petition - standing of an individual officeholder who is the subject of, or a city, to file a declaratory action to establish the sufficiency of|Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency of|Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order, if the city charter so requires|Recall petition, whether any particular city can establish standing to challenge the sufficiency of, is for a court to determine|Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order if the city charter so requires
Dan Morales
Fee in condemnation proceedings, clerk of court may assess | Clerk of court may assess fee in condemnation proceedings
Dan Morales
General arbitration statute does not contravene "open courts" provision of Texas Constitution
Dan Morales
Deposition upon oral examination must be taken by certified shorthand reporter despite rule of civil procedure authorizing another person to take|Conflict with statute, rule of civil procedure must yield
Dan Morales
Inspection of records|Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceeding|Juvenile court records, whether available to victim of delinquent conduct
Dan Morales
Expanded system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, commission's authority to adopt|Civil service commission's authority to adopt subpoena power|Expanded civil service system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, county civil service commission's authority to adopt|County civil service commission's authority to adopt subpoena power|County civil service system, inclusion of deputy sheriffs and deputy constables in expanded|Civil service system, inclusion of deputy sheriffs and deputy constables in expanded
Dan Morales
Inconsistent with statute, rule of civil procedure must yield if|Notary public may videotape oral deposition if certified shorthand reporter simultaneously transcribes the deposition|Videographer may record oral deposition if certified shorthand reporter simultaneously transcribes the deposition
Dan Morales
Witness fee, any person who is subpoenaed to appear and testify is entitled to regardless of the location set in the subpoena
Dan Morales
Rent action, citation must be served in compliance with rules for issuance and service of citation in ordinary civil proceedings|Forcible entry and detainer actions, rules for issuance and service of citation do not apply to suits for rent that are joined|Rent action, service of defendant according to rules in forcible entry and detainer suit does not confer personal jurisdiction in|Civil procedure rules with doubtful meaning, construe to avoid mischievous consequences and applications that would violate constitutional rights
Dan Morales
Service of process, collection|Service of process, collection of fees for|Service of process, permissibility of taxing fees as costs|Lending of credit, deferred collection of fees for service of process as|Lending credit|Loan of credit|Taxation of costs
Dan Morales
Appeal of justice court ruling, appellant who files affidavit of inability to pay costs need not pay the Rule 143a cost to perfect|Appeal bond or affidavit of inability to pay costs, appellant who files need not pay Rule 143a cost to perfect appeal|Affidavit of inability to pay, appellant who files need not pay costs requested under Rule 143a to perfect appeal|Appeal bond or affidavit of inability to pay, whether filing of excuses justice court appellant from requirements of Rule 143a|Appeal bond, appellant who files need not pay costs under Rule 143a to perfect appeal
Dan Morales
Volunteer|Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies Code|Constructive enforcement volunteers assisting board with investigations are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Defamation suit, absolute privilege in for statements made as witness in judicial or quasi-judicial proceeding; conditional privilege for certain communications
John Cornyn
Legal process addressing compulsory attendance provisions of the Education Code, constable may lawfully serve|Compulsory attendance provisions of Education Code, constable may lawfully serve any legal process addressing|Legal process, justice of peace has authority to direct constable to serve on individual failing to appear at truancy hearing
John Cornyn
Quo warranto not proper vehicle to effect removal of ineligible individual to be veterans county service officer, but other remedies may be available|Veterans county service officer, non-veteran of the armed forces not eligible to be appointed as
John Cornyn
Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations if county raises as affirmative defense|Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations applicable to debts|Four-year statute of limitations, county court at law judges' action against county for backpay is subject to if county raises as affirmative defense
John Cornyn
File stamp serves as evidence of date and time instrument filed with county clerk|Mail, instruments delivered by mail to county clerk for filing must be "file stamped" and deemed recorded immediately upon receipt and acceptance|File stamp instrument, county clerk is not statutorily required to immediately file stamp instrument upon receiving but should do so for evidentiary purposes|Close office to the public to permit employees to work uninterrupted, county clerk may not without approval of county court|Office hours, county clerk may not alter without approval of county court|File stamp
John Cornyn
Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code|Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power|Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal Procedure|Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, the licensing provisions of Government Code chapter 57 do not affect a court's authority under the Rules of Civil Procedure and the Civil Practice and Remedies Code to fix an interpreter's compensation and to direct how an interpreter
Jim Mattox
Chamber of commerce is not a charitable organization within the Charitable Immunity and Liability Act of 1987|Charitable organization
Ken Paxton
Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way.
Depending on the relief sought, a county could challenge a municipality’s annexation under section 43.106 of the Local Government Code in an action in quo warranto, declaratory judgment, or both.
Ken Paxton
Sworn complaints authorizing seizure of dangerous dogs under Health & Safety Code section 822.002 do not require personal knowledge, and the fact that the attack was unprovoked is not a required element for dog destruction under section 822.003. The section 822.003 10-day hearing deadline is for both setting and conducting the hearing, but no provision in chapter 822 deprives a court of jurisdiction if a hearing is held outside of the 10-day deadline.