Texas Emergency Motion to Remand Cause

Category:
State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
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Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury ...

New Trial and Appeal for Criminal Cases. A motion for new trial must be made within five (5) days after the rendition of the judgment in your case. A motion for new trial cannot be made afterward. The judge has ten (10) days after the date the judgment was entered within which to grant a new trial.

Texas Rules of Civil Procedure 199.1 and 199.4. Rule 199.4 of the Texas Rules of Civil Procedure provides that ?[a] party may object to the time and place designated for an oral deposition by motion for protective order or by motion to quash the notice of the deposition.

Dismissal for Want of Prosecution. The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.

The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.

193.7 Production of Documents Self-Authenticating An objection must be either on the record or in writing and must have a good faith factual and legal basis. An objection made to the authenticity of only part of a document does not affect the authenticity of the remainder.

If you received an unfavorable judgment after the first trial, your lawyer may file a motion for a new trial: You must file the motion within 30 days of the judgment at the original trial. Your motion must be received by the trial judge within 10 days of the motion filing.

The law states: ?A motion for rehearing must identify with particularity findings of fact or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error.?

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Texas Emergency Motion to Remand Cause