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FL FAQ
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.
The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.
Rule 165a - Dismissal for Want of Prosecution 1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice.
(e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment until thirty days after all such timely-filed motions are overruled, either by a written and ...
The Motion to Retain must be verified and state specific grounds. The Motion must also state a date by which the case will be ready for trial.
The Motion to Retain must be verified and state specific grounds. The Motion must also state a date by which the case will be ready for trial.
The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.
What does it mean to retain a case? If a case is “retained” it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing.
The prosecutor can dismiss or drop the charges when there are errors in the criminal complaint. Prosecutor's discretion. In rare cases, a prosecutor may dismiss criminal charges when there are extenuating circumstances.
Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested. A dismissed case will still remain on the defendant's criminal record.
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