Texas Civil Practice and Remedies Code - CIV PRAC & REM § 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.

Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 41.009. Bifurcated Trial - last updated April 14, 2021 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-41-009.html


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