Motion To Strike For Untimely Filing In Tarrant
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A party who abandons any part of his claim or defense, as contained in the pleadings, may have that fact entered of record, so as to show that the matters therein were not tried.
A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief or his attorney to appear for any hearing or trial of which the party or attorney had notice, or on failure of the party or his attorney to request a hearing or take other action specified by the court within fifteen days ...
If a key witness is unavailable to testify, the prosecutor may not have enough evidence to prove guilt beyond a reasonable doubt. If this happens, the prosecutor may need to dismiss the case. For example, a key witness may be the only person who can identify the defendant.
Rule 91a - Dismissal of Baseless Causes of Action 91a. 1 Motion and Grounds. Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact.
Simply put, dismissal for want of prosecution in a Texas divorce means the court noticed there had not been any activity on the case. Issuing a dismissal for want of prosecution, or DWOP, is the court's way of trying to clear out old cases that have been idle for months.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
As clerk of the three County Courts at Law, the County Clerk is responsible for the intake, processing and maintenance of civil cases with a jurisdictional limit up to $250,000; including debt, breach of contract, garnishments, temporary restraining orders, injunctions, automotive/personal injury cases and eminent ...
12(b)(6) motion to dismiss, 'the district court must construe the complaint in a light most favorable to the plaintiff, accept all of the factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would entitle him to relief.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
