what can i do in county court by judge robert ramirez

What can I do in County Courtby 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

• 2nd 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 § 22.004(h))

• TRCP 47(c): Petition must state whether seek monetary relief of <$100K including costs, prejudgment interest and attorneys fees, <$500K, or >$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 190.2 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?