Texas Notice of Motion or Objection

State:
Texas
Control #:
TX-B-420A
Format:
PDF
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Description

Notice of Motion or Objection

A Texas Notice of Motion or Objection is a legal document that is filed with the court to advise the court of the filing of a motion or objection in a case. The Notice will include the type of motion or objection being filed, the date the motion or objection was filed, and the name of the party filing the motion or objection. The Notice is usually filed by the party's attorney. There are two main types of Texas Notice of Motion or Objection: (1) Notice of Motion and (2) Notice of Objection. A Notice of Motion is used to inform the court of a motion that has been filed with the court. A Notice of Objection is used to inform the court of an objection that has been filed with the court. Both types of notices must be filed with the court and must be served on the opposing party.

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FAQ

109 requires that a party exercise diligence in attempting to ascertain the whereabouts of a defendant whose residence is unknown before filing an affidavit with the clerk and requesting that citation issue for service by publication.

Without complying with paragraphs (a) and (b), a party may withhold a privileged communication to or from a lawyer or lawyer's representative or a privileged document of a lawyer or lawyer's representative. (2) concerning the litigation in which the discovery is requested. (d) Privilege not waived by production.

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.

The officer or authorized person to whom process is delivered shall endorse thereon the day and hour on which he received it, and shall execute and return the same without delay.

Rule 104 - Preliminary Questions (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.

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.

199.3 Compelling Witness to Attend. A party may compel the witness to attend the oral deposition by serving the witness with a subpoena under Rule 176.

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Texas Notice of Motion or Objection