Texas Insurance Code 541.262 – Procedures in Class Action
Terms Used In Texas Insurance Code 541.262
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
In a class action under this subchapter, the court may make appropriate orders:
(1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in a manner the court directs to some or all of the members or the attorney general of:
(A) any step in the action;
(B) the proposed extent of the judgment; or
(C) the opportunity for members to:
(i) signify whether the members consider the representation to be fair and adequate;
(ii) intervene and present claims or defenses; or
(iii) otherwise come into the action;
(3) imposing conditions on the representative parties or intervenors;
(4) requiring that the pleadings be amended to eliminate allegations relating to representation of absent persons, and that the action proceed accordingly; or
(5) dealing with similar procedural matters.