Sec. 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, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Section 41.003. Standards for Recovery of Exemplary Damages
Section 41.004. Factors Precluding Recovery
Section 41.005. Harm Resulting From Criminal Act
Section 41.006. Award Specific to Defendant
Section 41.007. Prejudgment Interest
Section 41.008. Limitation on Amount of Recovery
Section 41.009. Bifurcated Trial
Section 41.010. Considerations in Making Award
Section 41.0105. Evidence Relating to Amount of Economic Damages
Section 41.011. Evidence Relating to Amount of Exemplary Damages
Section 41.0115. Discovery of Evidence of Net Worth for Exemplary Damages Claim
Section 41.012. Jury Instructions
Section 41.013. Judicial Review of Award
Section 41.014. Interest on Damages Subject to Medicare Subrogation