Motion To Retain Within 20 Days
Description
How to fill out Texas Plaintiffs Motion To Retain Case?
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FAQ
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.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
See FRCP Rule 41(a)(1) FILE A MOTION TO DISMISS and obtain an order from the court -- this is the only method allowed when a defendant has already filed a response but does not agree to stipulate to dismiss the adversary complaint.
You must file (turn in) a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the judge signing the dismissal order.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.