The rules governing the hearing of an appeal usually provide that the appeal will be heard in the order of its filing. However, on motion to advance the hearing directed to the discretion of the court and supported by a showing of good cause, the hearing usually may be heard out of regular order. Good cause generally is prescribed as a situation in which the appeal involves important questions affecting the public interest, questions that are similar to those in a case scheduled ahead, the allowance or denial of a temporary injunction, matters controlling the settlement of an estate, the jurisdiction of the court below, and criminal cases.
Texas Motion to Advance Cause on Calendar
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US-03346BG
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How to fill out Motion To Advance Cause On Calendar?
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FAQ
After initial disclosures, you can serve requests for discovery until 30 days before the date set for trial, or the date set by the court.
Any date that falls on a weekend or legal holiday (as determined by the Orange County Commissioners Court) shall be moved to the next day that is not a weekend or legal holiday. If no date or limitation on discovery is given below, the item is governed by the Texas Rules of Civil Procedure.
If the last day to serve falls on a weekend or a court holiday, the last day to serve is extended to the next day the court is open. If there is a substantial amount of discovery, the opposing side may agree to extend the time to respond, especially if you ask early for the extension.
The discovery rule is a ?narrow exception? to the legal injury rule that ?defers accrual of a cause of action until the plaintiff knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action.? Berry, 646 S.W.
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.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
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.
What happens if the deadline to file a document would fall on a weekend or a holiday? If the deadline to file a document would fall on a Saturday, Sunday, or legal holiday, the deadline is generally extended to the next business day. See Texas Rule of Appellate Procedure 4.1(a).
