Texas Civil Practice & Remedies Code - Section 41.009. Bifurcated Trial
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§ 41.009. BIFURCATED TRIAL. (a) On motion by a
defendant, the court shall provide for a bifurcated trial under
this section. A motion under this subsection shall be made prior to
voir dire examination of the jury or at a time specified by a
pretrial court order issued under Rule 166, Texas Rules of Civil
Procedure.
(b) In an action with more than one defendant, the court
shall provide for a bifurcated trial on motion of any defendant.
(c) In the first phase of a bifurcated trial, the trier of
fact shall determine:
(1) liability for compensatory and exemplary damages;
and
(2) the amount of compensatory damages.
(d) If liability for exemplary damages is established
during the first phase of a bifurcated trial, the trier of fact
shall, in the second phase of the trial, determine the amount of
exemplary damages to be awarded, if any.
Amended by Acts 1995, 74th Leg., ch. 19, § 1, eff. Sept. 1, 1995.
Section: 41.002 41.003 41.004 41.005 41.006 41.007 41.008 41.009 41.010 41.0105 41.011 41.012 41.013 42.001 42.002
Last modified: August 11, 2007
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