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Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6270
Experience:  20 yrs of professional experience.
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If I get sued in the state of Texas does the plaintiff have

Customer Question

If I get sued in the state of Texas does the plaintiff have to state the amount of the suit or can it be an open perpetual lifetime suit for an amount unstated? I live in West Texas.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The exact amount does not have to be claimed in damages. The Plaintiff can list what has happened and often includes amounts in actual damages, but leave the final amount requested (actual and punitive) open ended, to allow the Judge/Jury to decide.

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Customer: replied 6 months ago.
In Texas can I request a jury trial in a civil suit as the defendant?
Expert:  Ely replied 6 months ago.
Either party can make a timely request for a jury trial in civil court.
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Customer: replied 6 months ago.
I was denied the right to present evidence, produce witnesses, and denied the right to testify. As the defendant in a civil suit is it common to be denied these rights to "defend" myself?
Expert:  Ely replied 6 months ago.

Hmm. These questions are beyond the subject matter of the original questions. Can I please ask that you open a new thread? Follow ups are meant to be within the same topic as the original question. Thanks!

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Customer: replied 6 months ago.
This is related to the same case and starts with a probate case where i had signed an hourly fee agreement then was convinced to sign a contingency fee agreement where the attys wanted 25% of my mineral rights. In discovery the judge was retired and dying from cancer but was reinstated prior to my case and died 2 months after my case from his cancer. Monies were paid into a reelection campaign fund but this judge never intended on running again due to his health condition. These attys have charged over 600% more without the minerals in contrast to all other probate cases in this area. The case was not supposed to go to court in this county.
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Expert:  Maverick replied 6 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 6 months ago.

A party in the capacity of the plaintiff does have to disclose the maxium amount of damages sought under the Tex. R. Civ. Proc. Also, the previous expert is correct in that either side can request a jury trial.

1. What would you like to see happen here?

2. On what date was a final judgment signed in the case, if any?

3. Do you want to file an appeal?

4. Did you want to discuss this over the phone? The cost is $59.00. Please see my offer.

Customer: replied 6 months ago.
My current attorney tell me that in order for me to appeal in the state of Texas I must put up an appeals bond but there was $1.2M placed in a court trust with an additional 25% of my inherited mineral and royalties pending the outcome of the civil suit therefore i would querry as to whether or not an appeals bond would be necessary considering the fact that the judgement, if awarded to the plaintiff, is readily available to them once judgement is made???
Expert:  Maverick replied 6 months ago.

If you want to place a stay order on the judgment pending an outcome on the appeal, then you typically have to put up a bond. Otherwise, there is no stay on the judgment.

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Customer: replied 5 months ago.
I have proof that my atty lied in discovery and once represented the person i was going to court against so what can i do if im not able to present evidence in court?

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