Texas Civil Procedure | McCown | Spring 2017
Introduction to Texas Courts
Rule 3A – Local Rules
Cannot be inconsistent with state rules
Merits of case can’t turn on local rules
Must be approved by the Supreme Court
State Rules (Rule 1, Govt Code 22.004, Const. art. V, 31)
State statutes trump court rules
Rules cannot abridge, enlarge, or modify substantive rights; but rules can be outcome-determinative (Govt Code 22.004)
Supreme Court can enact a rule of procedure and repeal related statute (Govt Code 22.004)
but legislature can come back and restore the rule (or write statute so that it can’t be repealed by the Court)
substantive law is not repealed
Rule 1 of Texas CP: Proper objective is to obtain a fair, impartial, trial.
The rules are designed to get you an accurate adjudication of the rights under substantive law
We want it as fast and cheap as possible, both for the system and litigants
We want a liberal construction
Pro se Litigants:
We say we hold them to the same standards, but we give them a break, using “state of mind”
Don’t try to take advantage of them
SUBJECT MATTER JURISDICTION
Jurisdiction of the Courts
Challenge SMJ with a plea to the jurisdiction (“this cout has no SMJ”). If the court grants, it must dismiss the case. If the case is dismissed, the p must re-file in the correct court
A MSJ can also be used to raise lack of SMJ
If you mistakenly file in the wrong court, you have 60 days from the dismissal to file in the correct court.
Brite v. USAA: 60 day extension applies unless p filed with intentional disregard
When trying to figure out if a court has jdx:
Texas Constitution
General statutes that apply to this general court
Specific statutes that apply to this specific court
Statutes creating other courts in the same county (e.g. statutory probate court)
Specific statutes that apply to the subject matter (e.g. family code)
The court system is county-based. You can have multiple district courts in one county, or one district that covers several counties.
Local Trial Courts (Level 1):
Municipal
Primarily Criminal
Justice of the Peace
Small Claims
Criminal
Some Property
County Level Courts (Level 2):
Constitutional County Court: every county judge is the mayor of the county and presides over the court (not very practical; designed for rural counties)
Original jurisdiction in civil actions between $200 and $10,000.
Uncontested Probate matters.
De novo review of lower courts (without a record) and record review of municipal courts of record.
Can grant the following types of relief: injunctions, mandamus, certiorari, and other writs necessary to enforce jurisdiction.
Can NOT hear the following types of cases: defamation, divorce, eminent domain, cases for forfeiture of a corporate charter, cases for the right to property valued at $500 or more that is levied under a writ of execution, cases for sequestration or attachment, cases for recovery of land or to enforce liens on land, and suits by the state for escheat.
County Courts at Law (Statutory)
Jurisdiction of each county court of law determined by the statute that creates it. Some counties use these courts as additional district courts.
Why not just make another district court? The county foots the bill for county courts of law, while the state picks up the tab for district courts.
Default Jurisdiction: all matters heard by a constitutional county court, all civil matters below $100K, uncontested probate matters, contested probate matters IF there is no statutory probate court in the district, and worker’s compensation appeals (regardless of A-i-C.)
Remember, jurisdiction can be expanded and A-i-C can be raised.
Probate Courts (Statutory)
District Courts(Level 3):
Original jurisdiction in civil actions over $500, divorces, title cases, and contested elections.
Original jurisdiction in felony criminal matters and juvenile cases.
NOTE: 13 district courts are designated as criminal district courts. Some others are directed to give preference to certain specialized areas of law.
Jurisdiction over contested probate matters IF there are no statutory courts in the county.
General Jurisdiction
Residual Jurisdiction
Art. 5 § 8 of TxConst.: district court has jdx of everything that no other court has jdx over
Barring exclusive jurisdiction elsewhere, the district court has jdx
Highest level of trial court. More numerous than any other court (if you don’t count constitutional courts)
Courts of Appeals (Level 4):
Regional Jdx
Though now SCoTX can transfer cases from a busy Appeals Court to one with less of a case load
Supreme Court and Court of Criminal Appeals
SCoTX is higher because it has jdx over administration of justice, but it has no authority over court of criminal appeals
Court Administration
Court is divided into administrative regions.
Regional administrative judge (PJ) appointed by the governor presides over case assignments, challenges to judges, etc. Doesn’t have their own court; may be sitting judge
Courts are allocated within a county by:
Population
Litigation Activity
Politics
E.g. Eastland is a tiny town, but a politician wanted a court there.
County Courts are paid for by the county
State courts are paid for by the state
Where do I file?
Do you file federal or state?
Fed courts have limited jdx. Can only hear cases its been statutorily given
State courts have general jdx.
If state, which state?
May turn on personal jdx
Where in the state can I sue?
ularity why judge should not sit;
Rule 18b(b)
Impartiality may be reasonably questioned
Personal bias or prejudice concerning the subject matter or a party
Bias must be extrajudicial—not related to the case itself
Judge has financial interest (or his/her spouse/child has interest)
1st degree relationship with anyone involved
First cousin could practice (see rural jdx where everyone is related)
Can be waived. When judgment is entered, it’s too late.
Must file as soon as practical but not after 10 days before the trial (unless you didn’t know the grounds)
If motion to recuse is granted, the decision is not reviewable. You have a right to an impartial judge, but not a specific judge.
If a motion is denied, you can appeal from the final judgment (not subject to interlocutory appeal)
Note: getting rid of a judge can be outcome-determinative, but not always in a good way. You may get a worse judge; you could lose the motion and piss off the sitting judge; you could succeed.
Recusal motions are infrequent. More frequent in urban areas. Judges will usually just step aside voluntarily. You’ll usually lose (the judge that hears the motion is appointed by the PJ and judges don’t like these motions [it’s like a fraternity/sorority])
Electing Judges
A judge cannot make pledges or commitments on issues, cases, classes of claims
Campaign statements that violate judicial conduct standards can be grounds for recusal
Judicial Campaign Fairness Act
Voluntary
Limit for high courts are $5K, lower for lower courts
Limits timeframe for contributions
Lowers basis for recusal motions
Hypo: judge received $1m from your opposing counsel
Move for recusal on 18(b)(1): impartiality may be reasonably questioned
Recusing a Judge becase of Campaign Contribution: 14th Amendment Due Process
Caperton: When a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge’s campaign when the case was pending or imminent, there is a serious risk of actual bias, and due process requires recusal.
Texaco v. Pennzoil: D had issue with Jamail’s $10,000 dona
How do you know if you have a problem with your judge?
