Texas Pretrial Procedure Bar Questions and answers 2023 verified

Texas Pretrial Procedure Bar Questions and answers 2023 verified What steps must a plaintiff take to file a civil lawsuit? Plaintiff must file an original petition with the court accompanied by a Case Information sheet, request the clerk to prepare a citation, secure service on the defendant with a copy of the petition and citation, and pay all applicable fees. When must defendant file its answer to avoid default judgment? Defendant must file its written answer on or before 10:00 am on the Monday next after the expiration of 20 days after the date of service of the citation to avoid default judgement. Defendant believes that the Lawsuit filed by Plaintiff should proceed in Bexar County, not Jim Wells County. How and when must Defendant raise the issue with the Court? The defendant must file a motion to transfer venue to Bexar County, prior to or concurrently with any other plea, pleading, or motion, except a special appearance, or venue is waived. Defendant's motion must deny plaintiff's venue facts, show Jim Wells County is not proper, and that Bexar County is a proper county. Assume Defendant timely raises the issue as to where the Lawsuit should proceed. How should Plaintiff respond? How should the Court rule on the issue? Plaintiff must file a response to the motion to transfer venue at least 30 days prior to the venue hearing asserting that venue is proper in Jim Wells County because at least a substantial part of the events that gave rise to the action took place there. The court should deny defendant's motion to transfer venue. Defendant (Delaware corporation) wants to object to the jurisdiction of the Nueces County district court on the ground that it is not amenable to process issued by a Texas court. What pleading, if any, must Defendant file to present such objection and when must it file such pleading? Explain fully. Defendant must file a verified special appearance • to contest personal jurisdiction prior to or concurrently with, any other plea, pleading, or motion. If not filed by such due order of pleadings, defendant has waived its objection to personal jurisdiction. Assume that Defendant properly presents its objection to the Court's jurisdiction over it. What may the Court consider in ruling on the objection? How should the Court rule on the objection? Explain fully. The court may consider the pleadings, any stipulations made by and between the parties, such affidavits and attachments filed by the parties, the results of the discovery process, and any oral testimony in reaching its decision. The court should deny the special appearance because Defendant has sufficient contacts in Texas. Assume that Defendant is considering removing the case to federal court on the basis of diversity of citizenship, given that it is a Delaware corporation. Does Defendant have a valid basis for removing the case on diversity grounds? Defendant does not have a valid basis for removing the case on diversity grounds. Diversity jurisdiction requires that there must be complete diversity. Here plaintiff, a Texas corporation is not diverse from defendant 2, a Texas corporation. Therefore, removal is improper.