Notice Of Setting Texas Withdrawal Of Motion

State:
Multi-State
Control #:
US-01161
Format:
Word; 
Rich Text
Instant download

Description

The Notice of Setting Texas Withdrawal of Motion is a legal document used to formally inform parties involved in a court case about a scheduled hearing regarding the withdrawal of a motion. This form outlines critical details such as the court's name, the presiding judge, the date, time, and location of the hearing. It is essential for ensuring all parties are aware of the proceedings and can participate. Attorneys, partners, owners, associates, paralegals, and legal assistants can use this form to uphold procedural fairness by notifying the opposing party about the withdrawal. The form requires careful filling out of the defendant's information and the names of all parties involved. It also includes a certificate of service, confirming that all relevant parties have received proper notice. When utilizing this form, users should ensure its timely submission according to court rules and local procedures. This document is particularly valuable in managing court schedules and maintaining effective communication in legal proceedings.
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FAQ

Withdrawal of an attorney may be effected (a) upon motion showing good cause and under such conditions imposed by the Court; or (b) upon presentation by such attorney of a notice of substitution designating the name, address, telephone number, and State Bar of Texas identification number of the substitute attorney, ...

A motion to withdraw may be granted without hearing if: (a) The client has signed the motion or order, consenting to the withdrawal; (b) Another lawyer has made an appearance on behalf of the client; or (c) The motion is accompanied by a letter that notifies the client of the client's right to object to the withdrawal ...

For the withdrawal of the complaint, under Section 257, consent of the court is mandatory. Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused. The Court needs to pass an order of absolution, i.e. order of releasing the accused from the offences.

When a lawyer withdraws from a case, steps must be taken to protect your interests. Your lawyer should give you reasonable notice, allow time for you to hire another lawyer, surrender papers and property to which you are entitled and refund any advance payment of fees that have not been earned.

If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall file with the hearing clerk (or, if filed during the course of a hearing, with the judge) a written request for permission to withdraw.

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Notice Of Setting Texas Withdrawal Of Motion