pjc-family-2024-lib

R EIMBURSEMENT

PJC 204.3

PJC 204.3 Reimbursement—Separate Trials (Comment) The Committee suggests that, if a claim of reimbursement involves a dispute over the characterization of property, the court should consider a separate trial to determine this issue. Tex. R. Civ. P. 174(b). Otherwise, the sets of alternative instructions on reimbursement will be unnecessarily confusing. Additionally, if characterization and reimbursement are tried together, the litigants will have to advance alternative theories and produce evidence supporting those theories. On the other hand, if the determina tion of the characterization of the property is made first, the presentation of evidence and the jury’s task are greatly simplified. For questions and instructions regarding the characterization of property, see PJC 202.1–202.15.

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