This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Texas Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Set Aside Submission And Reopen Case?
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FAQ
If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rule of Civil Procedure 165(a)(4).
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days.
A motion to reinstate shall set forth the grounds therefore and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of dismissal is signed or within the period provided by Rule 306a.
In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
When a creditor gets a judgment against a debtor, the creditor has to take steps to get the judgment paid. This process is called execution. Execution usually means that an officer of the law comes to the debtor's home or workplace to take things the debtor owns. The items that are taken are sold to pay the judgment.
RULE 508.3. If the defendant does not file an answer to a claim by the answer date or otherwise appear in the case, the judge must promptly render a Default Judgment upon the plaintiff's proof of the amount of damages.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.