A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Texas Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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Rule 60 of the Texas Rules of Civil Procedure provides that ?any party may intervene by filing a pleading, subject to being stricken by the court for sufficient cause on the motion of any party.? Thus, intervening parties, absent a Motion to Strike, are immediately granted the status of a party and can participate in ...
A person has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made to the person's spouse while they were married. This privilege survives termination of the marriage.
Spousal immunity is a long-standing rule that says an individual cannot be forced to testify against their spouse in a criminal case. The rule, which is defined in 504(b) of the Texas Rules of Evidence, was implemented to preserve the integrity and sanctity of marriage.
Notice of any court proceeding requested by a party must be served on all other parties not less than 3 days before the time specified for the court proceeding.
Rule 504.1 - Jury Trial Demanded (a)Demand. Any party is entitled to a trial by jury. A written demand for a jury must be filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause.