Texas Response to Motion to Retain Case
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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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.
If a case is ?retained,? it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on the Docket and Notice of Hearing.
Send a file-stamped copy of the Motion to Retain Case on Docket and Notice of Hearing to the other side. Send it on the same day you get the hearing date. The other side must receive it at least 3 days before the hearing. If the other side has a lawyer, send it to the lawyer instead of directly to the other side.
What is an answer? An answer is a legal form filed with the court by the respondent in a court case. In a family law case, the petitioner is the person who starts the case by filing a petition with the court. The other side is the respondent.
The deadline to file an answer to a lawsuit depends on the court which issues service for the lawsuit. In a county or district court, the defendant must answer ?on or before a.m. on the Monday next after the expiration of 20 days after the date of service thereof.? Tex.
After you answer, the court will set your case either for trial, or for a pre-trial hearing. At a pre-trial hearing, you can discuss any issues such as the need for an interpreter, or for the court to subpoena a witness (order them to come to trial to testify).
File (turn in) your completed answer form with the court. To file online, go to E-File Texas ( ) 11 and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
