Cumulative Subject Index
AG Opinions 1990-Present

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CIVIL PROCEDURE
Affidavit of inability to pay, appellant who files need not pay costs requested under Rule 143a to perfect appealDM-0449
Appeal bond or affidavit of inability to pay, whether filing of excuses justice court appellant from requirements of Rule 143aDM-0449
Appeal bond, appellant who files need not pay costs under Rule 143a to perfect appealDM-0449
Appeal of justice court judgment, justice of the peace may not require appealing party to pay fee for transcript preparation in advance of rendering serviceLO96-108
Chamber of commerce is not a charitable organization within the Charitable Immunity and Liability Act of 1987JM-1257
Choice of law, application of Texas usury law depends upon whether transaction has a significant relationship to stateLO96-149
Common law in effect in Texas is that declared by the courts of the several statesLO96-004
Conflict with statute, rule of civil procedure must yieldDM-0308
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 soJC-0584
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 JC-0584
Court reporters, recording of deposition by tape recorder as primary or only method runs afoul of statutory requirement that all depositions be recorded by certified shorthand reporterLO93-110
Deposition upon oral examination must be taken by certified shorthand reporter despite rule of civil procedure authorizing another person to takeDM-0308
Deposition, recording of by tape recorder as primary or only method runs afoul of statutory requirement that all depositions be recorded by certified shorthand reporter LO93-110
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 GA-0146
Discovery, whether records and proceedings of Texas Medical Association's Committee on Maternal and Child Health are confidential and exempt from discovery even under court subpoenaLO93-074
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 appealGA-0524
Fee in condemnation proceedings, clerk of court may assessDM-0026
Forcible entry and detainer actions, rules for issuance and service of citation do not apply to suits for rent that are joinedDM-0358
Forcible entry and detainer suits, whether private process servers may serve citationsGA-0112
Four-year statute of limitations, county court at law judges' action against county for backpay is subject to if county raises as affirmative defenseJC-0182
General arbitration statute does not contravene "open courts" provision of Texas ConstitutionDM-0127
Independent school district may not defray legal expenses of administrator who files action for defamationGA-0878
Interest on funds deposited in court accrues to principalLO90-104
Juvenile proceeding under Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons inGA-0017
Legal process, justice of peace has authority to direct constable to serve on individual failing to appear at truancy hearingJC-0056
Nonpayment of costs, district clerk's sole remedy for is provided in Rules of Civil ProcedureLO94-085
Quo warranto not proper vehicle to effect removal of ineligible individual to be veterans county service officer, but other remedies may be availableJC-0151
Recall petition - standing of an individual officeholder who is the subject of, or a city, to file a declaratory action to establish the sufficiency ofGA-1043
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 mayGA-0928
Rent action, citation must be served in compliance with rules for issuance and service of citation in ordinary civil proceedingsDM-0358
Sale of deposition transcripts by court reporter to computerized database, whether any rules authorizeLO93-087
Service of process, permissibility of taxing fees as costsDM-0382
Subpoena duces tecum, whether Open Records Act applies to release of confidential information pursuant toLO95-025
Subpoena power, county civil service commission's authority to adoptDM-0338
Term "prevailing party," for purposes of recovering attorneys' fees in employment discrimination cases under state law has same meaning as under federal lawJM-1145
Videographer may record oral deposition if certified shorthand reporter simultaneously transcribes the depositionDM-0339
Witness fee, any person who is subpoenaed to appear and testify is entitled to regardless of the location set in the subpoenaDM-0342
Evidence
Court order requiring psychologist to testify, this office will not consider appeal ofLO92-039
Defamation suit, absolute privilege in for statements made as witness in judicial or quasi-judicial proceeding; conditional privilege for certain communicationsDM-0457
Emergency medical records, justice of the peace may subpoena when required to perform an inquestLO97-033
File stamp serves as evidence of date and time instrument filed with county clerkJC-0323
Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceedingDM-0334
Patient's psychological records, psychologist's duty to comply with subpoena forLO96-102
Revised: June 08, 2012