Texas Cross-Reference Table for Stay Motions is a comprehensive guide to the rules that govern stays in Texas motion practice. It is designed to provide attorneys and litigants with a clear and concise summary of the applicable rules and the relevant case law. The Table contains information on all types of stay motions, including stays based on the Texas Rules of Civil Procedure, stays based on the Texas Constitution, stays based on the Texas Government Code, stays based on federal law, and stays based on other state laws. The Table also includes information on when a stay is appropriate, what forms of security should be posted, what the applicable burden of proof is, and what the consequences of granting a stay are. It is an invaluable tool for attorneys and litigants in Texas motion practice.
Texas Cross Reference Table for Stay Motions
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A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to.
Texas Rules of Civil Procedure 91a offers a way to ask the court to dismiss a frivolous lawsuit. Also, defendants who are being sued for exercising their First Amendment rights can file anti-SLAPP motions to dismiss.
P. 92. A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
Rule 505.3 - Motion to Set Aside; Motion to Reinstate; Motion for New Trial (a)Motion to Reinstate after Dismissal. A plaintiff whose case is dismissed may file a motion to reinstate the case no later than 14 days after the dismissal order is signed.
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.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
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.
A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to.