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

Stay informed on the latest civil rules update impacting Justice Courts, permissive interlocutory appeals, expedited actions, the dismissal of baseless claims, and more. Learn about new regulations on small claims, debt collection, eviction proceedings, and offer of settlement. Familiarize yourself with expedited foreclosure of property owners' association liens and appeals from termination of parental rights. Also, discover the amended rules including expedited actions and discovery limits. Ensure compliance with the revised rules effective from 3/1/2013 and get insights on the mandatory procedures for claims seeking monetary relief. Avoid baseless claims with the expedited dismissal process and understand the attorney's fees and costs allocation to prevailing parties. Make the most of the updated regulations for efficient legal proceedings. Finally, don't forget to vote in the Bar election before the deadline on April 30.

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Civil Rules Update for 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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