A Texas Motion to Stay is a motion that can be filed in a Texas court by either party in a civil or criminal matter. It is essentially a request for the court to temporarily suspend any further proceedings until the motion is resolved. The Texas Motion to Stay may be used to postpone a judgment or to delay the execution of a sentence. There are three different types of Texas Motion to Stay: a stay of execution, a stay of proceedings, and a stay of judgment. A stay of execution suspends the execution of a sentence, usually for a period of time. A stay of proceedings stops the proceedings of a case until the motion is resolved. A stay of judgment prevents a judgment from being entered until the motion is resolved.
Texas Motion to Stay
State:
Texas
Control #:
TX-CS-1619A
Format:
PDF
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Motion to Stay
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FAQ
Each party is entitled to at least 14 days' notice of the hearing on the motion to dismiss. The court may, but is not required to, conduct an oral hearing on the motion. Except as required by 91a.
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.
A judicial officer or a presiding officer of a judicial agency who receives a request for a judicial record not in his or her custody as defined by this rule must promptly attempt to ascertain who the custodian of the record is.
Rule 12 - Attorney to Show Authority. A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.
Sec. 51.001. APPEAL FROM JUSTICE COURT TO COUNTY OR DISTRICT COURT. (a) In a case tried in justice court in which the judgment or amount in controversy exceeds $250, exclusive of costs, or in which the appeal is expressly provided by law, a party to a final judgment may appeal to the county court.
File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case. If you do not know who the Judge is in your case or the Court, call Court Docketing at 305-275-1155. Give them your case number.
Rule 12 of the Texas Rules of Judicial Administration provides for public access to certain records made or maintained by a judicial agency in its regular course of business but not pertaining to its adjudicative function.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.