Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, November 20, 2009

Right to a Jury Trial In Texas Probate Courts?

Jury Tammy C. Manning (attorney, Houston) & Jason Cox (attorney, Houston) have published their article entitled Jury Trials in Probate Court: A Brief Overview, The Advocate, Fall 2009, at 24. 

The following is an excerpt from the article:

The Texas Constitution states that "In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empanelled in a civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature."  Although this language seems expansive and comprehensive, in a probate context it is unclear whether a party has an automatic right to a jury.


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