What can I do in County Court by Judge Robert Ramirez

Jurisdiction for CLL 2 in Denton County Civil cases up to $200,000 Condemnation Appeals from certain agency decisions All ODL’s Appeals from the JP Courts

JP Appeals The County Courts at Law hear appeals from JP Courts

Forcible Detainer Actions Trial de Novo Elements Landlord / tenant relationship Tenant can be evicted b/c he or she is a: holdover, at will, sufferance… Landlord has made proper demand for possession Period to vacate has expired Tenant has refused to surrender possession

Other Civil JP Appeals Trial de Novo Be mindful of JP jurisdiction Can I add additional causes of action?

ODL’s – Surcharges, Points & DWLI Petitioners need to pay off surcharges or get current on installments Liability insurance SR-22 Willing to grant broad ODL’s in these case

ODL’s – DWI Related CCL #2 assigned by all convicting courts Under 21 Above.15 2 nd or more Drug and Alcohol Evaluations?

Ad Litems Guardian ad Litems for minors in PI cases Written Reports? Who pays? How do I get on the list?

Special Commissioners Must own real property in Denton County Low frequency of filing

MSJ’s in Contract Cases What’s the Court looking for? Where are the pitfalls?

Pauper’s Affidavits Objections Presumptions Proof

TWC and other Agency Appeals De Novo Review

You don’t have criminal jurisdiction, do you? Free interchange of benches Alternate for Veteran’s Court

Pro Se Do they get special treatment?

Jury empanelment Disqualifications Exemptions Miscellaneous Medical Affidavits

Electronic filing - Only Effective January 1, 2014

Dismissal of Baseless Causes of Action TRCP 91a.1: May move to discuss a cause of action on the grounds that it has no basis in law or law In law: “the allegations, taken as true, together w/ inferences reasonably drawn from them, do not entitle the claimant to the relief sought” – Failure to state a claim In fact: “no reasonable person could believe the facts pleaded” 91a.2 Must state made pursuant to this rule 91a.3 Must be filed w/in 60 days of c/a Filed 21 days before it is heard Granted or denied w/in 45 days

91a.5 May nonsuit to avoid hearing 91a.6 No evidence except pleading exhibits 91a.7 Must award attorney fees and costs (unless respondent is gov’t) 91a.8 Filing does not waive special appearance or motion to transfer venue

Expedited Actions Rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy does not exceed $100,000 (see Gov’t Code § (h)) TRCP 47(c): Petition must state whether seek monetary relief of $1M. TRCP(c): If fail to do so, cannot conduct discovery

TRCP 169(b):Cannot recover judgment of more than $100K TRCP: 169(c): Court must remove from Expedited Action process upon showing of good cause TRCP 169(d)(2): Must set for trial w/in 90 days after discovery period TRCP 169(d)(3): Total trial time limit of 5 hours per side (excluding only time for objections and challenges for cause) 169(d)(4). Cannot order mediation w/o parties’ consent TRCP 169(d)(5): Expert challenges limited to SJ motions and trial

TRCP Discovery limits Discovery for 180 days after the first discovery request 6 hrs. for deposition cross-examination. Up to 10 hrs. by agreement 15 interrogatories, document requests, and admissions Disclosure requests may seek all documents other party “may use to support its claims or defenses.”

Questions?