Civil Procedure Flashcards

Under FRCP Rule 15(a)(1), when may a party amend a pleading as a matter of course, without leave of court?

Answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion

FRCP 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading or within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier.

The 'relation back' doctrine under FRCP Rule 15(c) is primarily significant because it:

Answer: Permits an amended pleading to be treated as if filed on the date of the original pleading, saving it from a statute of limitations bar

FRCP 15(c) allows an amended pleading to relate back to the date of the original pleading so that claims added by amendment are not time-barred if adequate notice of the action was given.

In a Texas civil jury trial in a district court, how many jurors must agree to render a valid verdict?

Answer: At least 10 of the 12 empaneled jurors must agree

Under Texas Rule of Civil Procedure 292, a verdict in a civil case in district court may be rendered by agreement of at least 10 of the 12 jurors.

Under FRCP Rule 68, if a defendant makes a valid offer of judgment that the plaintiff rejects, and the plaintiff ultimately recovers less than the offered amount, what consequence follows?

Answer: The plaintiff must pay the costs incurred by the defendant after the date the offer was made

FRCP 68(d) provides that if the judgment obtained is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made, which may include attorney's fees if the underlying statute defines them as costs.

Under the doctrine of res judicata (claim preclusion), a final judgment on the merits bars:

Answer: All claims arising from the same transaction or occurrence that were or could have been litigated between the same parties or their privies

Res judicata bars not only claims actually litigated but also all claims arising from the same transaction or occurrence that could have been brought in the prior action between the same parties or their privies.

To preserve error from a trial court's ruling excluding evidence for appellate review in Texas, the offering party must:

Answer: Make an offer of proof placing the substance of the excluded evidence in the appellate record

Under Texas Rule of Evidence 103 and TRAP 33.2, the offering party must make an offer of proof to preserve error from a ruling excluding evidence, allowing the appellate court to evaluate whether the exclusion caused harm.

Under Texas Rule of Civil Procedure 329b(c), what happens to a timely filed motion for new trial if the trial court has not ruled on it within 75 days after the judgment is signed?

Answer: The motion is deemed denied by operation of law at the expiration of the 75-day period

Under TRCP 329b(c), a motion for new trial not ruled upon by written order within 75 days after the judgment is signed is overruled by operation of law at the expiration of that period.