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Affidavit by Attorney for Defendant in Support of Motion for...

Texas Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

Category:

Affidavits - Criminal

State:

Multi-State

Control #:

US-02238BG

Format:

Instant download

Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Trial by jury or by the court. (a) By jury. - When trial by jury has been demanded and has not been withdrawn as provided in Rule 38, the action shall be designated upon the docket as a jury action.

If the Supreme Court determines that a direct appeal or a petition for review is frivolous, it may - on motion of any party or on its own initiative, after notice and a reasonable opportunity for response - award to each prevailing party just damages.

At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a citation and petition to be served upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.

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.

At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a citation and petition to be served upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person's absence would prevent complete relief or that person claims an interest in the litigation. Failure to join necessary parties can result in abatement and even dismissal.

192.7 Definitions. (a)Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person's absence would prevent complete relief or that person claims an interest in the litigation. Failure to join necessary parties can result in abatement and even dismissal.

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