 Before filing suit, the plaintiff must decide in which of the Texas trial courts the lawsuit should be filed  That decision is made by choosing the.

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Presentation transcript:

 Before filing suit, the plaintiff must decide in which of the Texas trial courts the lawsuit should be filed  That decision is made by choosing the court with both jurisdiction over the dispute and proper venue.

-Statewide Jurisdiction- Final appellate Jurisdiction in civil cases and juvenile cases.

14 courts -Regional Jurisdiction- Intermediate appeals from trial courts in their respective courts-of-appeals districts.

455 courts -Jurisdiction-  Original Jurisdiction in civil actions from $ or $500.01, * divorce, title to land and contested elections.  Juvenile matters.

Constitutional County Courts 254 counties -Jurisdiction-  Original Jurisdiction in civil actions between $ and $10,000.  Probate. (Contested matters transferred to District court.)  Appeals de novo from lower courts or on the record from municipal courts of record.

County Courts at Law 232 courts -Jurisdiction-  All civil, original, and appellate prescribed by law for constitutional county courts.  Jurisdiction over civil matters between $ and $100,000 (some courts may have higher maximum jurisdiction amounts).

Probate Courts 18 courts -Jurisdiction-  Limited primarily to probate matters

Established in approximately 917 cities. Most are not courts of record. -Jurisdiction-  Limited civil jurisdiction in cases involving dangerous dogs.  Magistrate functions.

822 courts. Established in precincts within each county. None are courts of record. -Jurisdiction-  Civil actions $10,000 and under.  Small claims.  Magistrate functions.

 Jurisdiction of Texas courts is conferred solely by:  The Texas Constitution; and  State statutes.

 Some claims do not depend on the amount of damages sought to establish jurisdiction  Divorce suit  Defamation suit  Forcible-entry-and-detainer suits  Most claims depend on the amount of damages sought to establish jurisdiction  Breach of contract suits  Personal injury suits

 Single Plaintiff vs. Single Defendant  Add up all good faith claimed damages.  If under multiple alternative theories, then highest claim  Multiple parties  By multiple plaintiffs  Claims are aggregated to determine AiC  Against multiple defendants  Claims are looked at separately  Counterclaims – judged on own merit; allowed if under courts minimum but dismiss if above  CC of multiple defendants are not aggregated

 Actions other than for damages  Foreclosure – AiC is FMV or amount of the underlying judgment  Injunction relief and no AiC – jurisdiction resides with district court under residual jurisdiction  Other related claims – allowed to assert jurisdiction over claims below Juris Limit if claim arise from the same transaction or occurrence, but not allowed if goes over its maximum limit.

 Amendments in excess of jurisdictional limits – once jurisdiction is established it is set and if amendment increase, then okay if due passage of time. If add claim that existed at time of petition filed, then should dismiss claim.  Interest – seldom included but prejudgment  Attorney fees & exemplary damages – I and NI  Cost – NI