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Tex. Civil Practice and Remedies Code § 41.009

This is the official text of Tex. Civil Practice and Remedies Code § 41.009, part of Texas’s Civil Practice and Remedies Code — sets procedural rules and available remedies for civil lawsuits.

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§ 41.009. BIFURCATED TRIAL.

Official statutory text

(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.

Status: in_force · Read it on the official government site

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