Prejudgment Interest and Other Judgment Battlegrounds

06/01/2015

You are the winning party in a lawsuit, and the judge asks you to prepare a proposed judgment. You turn to the rules. Judgments are generally governed by Rules 300 – 316 of the Texas Rules of Civil Procedure. TEX. R. CIV. P. 300-16. You soon discover the rules aren’t much help, as only a handful address judgment formation. For example, Rule 300 provides that findings of fact should be separately stated from the judgment. TEX. R. CIV. P. 300. Rule 301 tells you that the judgment “should conform to the nature of the case proved and the verdict, if any, and shall be so framed as to give the party all the relief to which he may be entitled either in law or equity.” TEX. R. CIV. P. 301. And Rule 306 says that the entry of the judgment shall contain the “full names of the parties, as stated in the pleadings, for and against whom the judgment is rendered.” Id. 306. (You might have guessed that). Beyond those rules, you are left to common law requirements and custom in figuring out how to draft your judgment.

Excerpted from Prejudgment Interest and Other Judgment Battlegrounds, prepared for The University of Texas School of Law, State and Federal Appeals, June 2015. To read the full article, click here.

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