TX Bar Civil Procedure 2 — Questions and Answers
Question 1: Under FRCP Rule 26(b)(1), what is the permissible scope of discovery in federal civil litigation?
- Any information relevant to the subject matter of the lawsuit, whether or not admissible at trial
- Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
- Only documents and electronically stored information, not oral testimony or depositions
- Only information that is directly admissible as evidence at trial
Correct answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
FRCP 26(b)(1), as amended in 2015, limits discovery to nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.
Question 2: Under Texas Rules of Civil Procedure, which discovery control plan applies by default to most civil cases?
- Level 1
- Level 2 (Correct answer)
- Level 3
- Level 4
Correct answer: Level 2
Under TRCP 190.3, Level 2 is the default discovery control plan; it applies unless the case qualifies for Level 1 or the court orders a Level 3 plan.
Question 3: What is the standard for granting summary judgment under FRCP Rule 56?
- The movant demonstrates that the opposing party has no credible witnesses to support its claims
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The weight of the evidence favors the movant by a preponderance of the evidence
- The opposing party fails to submit any response to the motion for summary judgment
Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
FRCP 56(a) provides that summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Question 4: Under Texas law, what is the effect of a plaintiff taking a voluntary nonsuit before presenting all evidence?
- The case is dismissed with prejudice and the plaintiff is barred from refiling
- The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period (Correct answer)
- The court must approve the nonsuit before it becomes effective
- The defendant's counterclaims are automatically dismissed along with the plaintiff's claims
Correct answer: The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period
Under TRCP 162, a plaintiff may nonsuit at any time before presenting all evidence other than rebuttal, and the dismissal is without prejudice to refiling unless otherwise barred by law.
Question 5: Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?
- The defendant must be physically present in the forum state at the time of service of process
- The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice (Correct answer)
- The defendant must have consented in writing to personal jurisdiction in the forum state
- The defendant must have a registered agent for service of process in the forum state
Correct answer: The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice
International Shoe Co. v. Washington (1945) held that due process requires minimum contacts between the defendant and the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Question 6: Which statement correctly describes the 'two-dismissal rule' under FRCP 41(a)(1)(B)?
- A plaintiff may voluntarily dismiss the same claim at most twice before the court enters judgment on the merits
- If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits (Correct answer)
- A plaintiff may not file two separate motions to dismiss in the same federal case
- A plaintiff who files two nonsuits must reimburse the defendant's total attorney's fees
Correct answer: If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits
FRCP 41(a)(1)(B) provides that a second voluntary dismissal of a previously dismissed claim operates as an adjudication on the merits, barring the plaintiff from refiling that claim.
Question 7: Under TRCP 194.2, which of the following must be included in a party's mandatory initial disclosures?
- All expert witness reports, opinions, and the underlying data relied upon
- The names, addresses, and telephone numbers of persons with knowledge of relevant facts (Correct answer)
- All documents the disclosing party intends to offer into evidence at trial
- The party's complete damages calculation supported by expert testimony
Correct answer: The names, addresses, and telephone numbers of persons with knowledge of relevant facts
TRCP 194.2(b) requires disclosure of the names, addresses, and telephone numbers of persons with knowledge of relevant facts; expert information is governed separately by TRCP 194.2(f).
TX Bar Civil Procedure 2
Under FRCP Rule 26(b)(1), what is the permissible scope of discovery in federal civil litigation?