Travis Texas Plaintiff's Ex Parte Motion to Appear by Conference Call

State:
Texas
County:
Travis
Control #:
TX-G006
Format:
PDF
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A06 Plaintiff's Ex Parte Motion to Appear by Conference Call
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The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. Before the adoption of Rule 21a, parties had to mail hard copy versions of court filings. This slowed down the litigation process and created a higher risk of parties not receiving filed documents and materials.

3. Appeals by way of hearing 'de novo' An appeal where the appellate court retries all the issues tried by the trial court, without being limited to the evidence that was before the trial court, is called an appeal 'de novo'. Each side presents their case again, and fresh evidence may also be presented.

An objection to the assignment of a Visiting Judge to hear any case will be timely if the objection is delivered in writing to the Court Administrator before the case is called for hearing. Objections must not be filed with the District Clerk.

26.011. ASSIGNMENT OF VISITING JUDGE. If a county judge is absent, incapacitated, or disqualified in a civil or criminal case, the presiding judge shall appoint a visiting judge to hear the case in accordance with Subchapter C, Chapter 74. Acts 1985, 69th Leg., ch. 480, Sec.

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.

According to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing. A party may file a reply to a response, but there is no set time limit for doing so.

(c) In the de novo hearing before the referring court, the parties may present witnesses on the issues specified in the request for hearing. The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury.

The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.

The responding party's motion record must be served and filed within 10 days following service of the moving party's motion record.

(e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment until thirty days after all such timely-filed motions are overruled, either by a written and

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Travis Texas Plaintiff's Ex Parte Motion to Appear by Conference Call