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Civil Procedure

Summaries

KP-0213
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

GA-0017
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

GA-0112
Greg Abbott

Forcible entry and detainer suits, whether private process servers may serve citations

GA-0146
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

GA-0524
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

GA-0878
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

GA-0928
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

GA-1043
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

DM-0026
Dan Morales

Fee in condemnation proceedings, clerk of court may assess | Clerk of court may assess fee in condemnation proceedings

DM-0127
Dan Morales

General arbitration statute does not contravene "open courts" provision of Texas Constitution

DM-0308
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

DM-0334
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

DM-0338
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

DM-0339
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

DM-0342
Dan Morales

Witness fee, any person who is subpoenaed to appear and testify is entitled to regardless of the location set in the subpoena

DM-0358
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

DM-0382
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

DM-0449
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

DM-0457
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

JC-0056
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

JC-0151
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

JC-0182
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

JC-0323
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

JC-0584
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

JM-1257
Jim Mattox

Chamber of commerce is not a charitable organization within the Charitable Immunity and Liability Act of 1987|Charitable organization