Texas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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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.

A Texas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney in Texas seeking to overturn a previously submitted case based on the discovery of new evidence that could significantly impact the outcome of the case. This affidavit serves as a supporting document to convince the court to grant the motion and reopen the case for further review. In Texas, there may be different types of affidavits of attorney in support of motion to set aside submission and reopen case based on newly discovered evidence depending on the specific circumstances and legal processes involved. Some possible variants may include: 1. Criminal Case Affidavit: This type of affidavit is filed in criminal cases where new evidence has been discovered that could potentially prove the defendant's innocence or cast doubt on their guilt. It highlights the importance of reopening the case to ensure a fair trial and justice. 2. Civil Case Affidavit: Civil cases such as personal injury claims or contract disputes may also require an affidavit of attorney in support of motion to set aside submission and reopen case based on newly discovered evidence. This affidavit would provide grounds for reopening the case to consider the impact of the newly found evidence on the existing judgment. 3. Family Law Affidavit: When new evidence is discovered in family law cases, such as child custody disputes or divorce proceedings, an affidavit of attorney can be filed to reopen the case. This affidavit would outline how the newly discovered evidence is relevant to the issues at hand and why reconsideration is necessary. 4. Appeals Court Affidavit: In situations where an appeal is being pursued, an affidavit of attorney in support of motion to set aside submission and reopen case based on newly discovered evidence may be utilized to present the newly found evidence to the higher court. This affidavit highlights the importance of considering the fresh evidence in the appellate process. 5. Federal Court Affidavit: While this content focuses on Texas, it is worth mentioning that similar affidavits of attorney in support of motion to set aside submission and reopen case based on newly discovered evidence may be filed in federal courts. Each federal court may have its own specific rules and processes regarding such motions. Overall, a Texas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a critical legal document that plays a crucial role in advocating for the reopening of a case based on significant new evidence. It provides detailed arguments, relevant legal citations, and supporting documentation to convince the court to reconsider the prior judgment in light of the recently discovered evidence.

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192.6 Protective Orders. (a) Motion. A person from whom discovery is sought, and any other person affected by the discovery request, may move within the time permitted for response to the discovery request for an order protecting that person from the discovery sought.

Rule 192.3(c) makes discoverable a "brief statement of each identified person's connection with the case." This provision does not contemplate a narrative statement of the facts the person knows, but at most a few words describing the person's identity as relevant to the lawsuit.

After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial.

Rule 190.4. Discovery Control Plan - By Order (Level 3) (1999) (a) Application. The court must, on a party's motion, and may, on its own initiative, order that discovery be conducted in ance with a discovery control plan tailored to the circumstances of the specific suit.

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.

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.

(b) Duty to respond when partially objecting; objection to time or place of production. A party must comply with as much of the request to which the party has made no objection unless it is unreasonable under the circumstances to do so before obtaining a ruling on the objection.

Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.

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If five judges tentatively believe that the case should be filed and set for submission, the motion for leave will be granted and the case will then be handled. Sep 25, 2023 — This article explains how to ask the judge to set aside (cancel) a default judgment.May 1, 2020 — newly discovered evidence or failure to set aside a judgment by default; ... (a) When the ground of a motion for new trial, supported by affidavit ... When a motion for a new trial is based on affidavits, they must be filed with the motion. ... newly discovered evidence as a ground for a motion for new trial. You should discuss your evidence in your memorandum of points and authorities, attach it to your motion, file it with the court, and serve it to the other side. Oct 20, 2023 — Ask the judge to set aside (cancel) a default judgment that was made against you. Filing Fee Waiver / Affidavit of Indigency. Filing Fee ... Jul 1, 2023 — ... motions based on absence of evidence must be supported by affidavit of the party, the party's agent or attorney, and must show the following: a. The original filing fee and service fees will not be credited to the new filing and cannot be refunded. If the Plaintiff does refile the case and again ... When a motion for new trial is based upon affidavits they shall be served ... If the Attorney General is involved in this case, the Attorney General must approve ... A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and ...

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Texas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence