Collin Texas Motion to Set Aside Submission and Reopen Case

State:
Multi-State
County:
Collin
Control #:
US-02764BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

In Collin County, Texas, individuals involved in legal matters have the option to file a Motion to Set Aside Submission and Reopen Case. This motion serves as a request to the court to reconsider a previous decision and reopen a case that has been closed. A Motion to Set Aside Submission and Reopen Case can be filed in various legal scenarios, including but not limited to family law, civil law, and criminal law. Different types of Motions to Set Aside Submission and Reopen Case can be categorized based on the specific legal area they pertain to: 1. Family Law: In family law cases, such as divorces, child custody disputes, or support modifications, a Motion to Set Aside Submission and Reopen Case can be filed if new evidence or information emerges that could significantly impact the outcome of the case. For example, if one party discovers evidence of hidden assets or fraud, they may seek to set aside the previous decision and reopen the case. 2. Civil Law: In civil law cases, such as personal injury lawsuits or contract disputes, parties may file a Motion to Set Aside Submission and Reopen Case if there is evidence of a mistake or oversight by the court or if new evidence comes to light that could potentially alter the outcome. It is crucial for the party filing the motion to demonstrate the relevance and importance of the new evidence or the mistake made. 3. Criminal Law: In criminal cases, a Motion to Set Aside Submission and Reopen Case can be utilized if there is evidence of a violation of the defendant's constitutional rights or if new evidence is discovered that could potentially affect the prior conviction. For instance, if new DNA evidence is uncovered that could exonerate the accused, they may file a motion to reopen the case to present this evidence. Ultimately, when filing a Collin Texas Motion to Set Aside Submission and Reopen Case, it is crucial to provide a detailed explanation of the grounds for requesting the motion and any supporting documentation or evidence. A persuasive argument must be presented to convince the court that reopening the case is necessary and justifiable. It is also essential to comply with the specific procedural rules and deadlines set forth by the Collin County court system in order to ensure the motion is properly filed and considered.

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FAQ

3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.

Against a governmental entity for want of jurisdiction under the Texas Tort. Claims Act is a dismissal with prejudice that bars further suit against the. government or its agents.

Rule 91a Motion to Dismiss A Motion to Dismiss under Rule 91a must identify each cause of action the party seeks to dismiss and must specifically state the reasons the cause action has no basis in law or fact. served on the movant. o The Motion to Dismiss must be filed at least 21 days before the motion is heard.

Follow these steps to file a motion or an opposition: Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion/opposition. File the forms.Serve the other party.Get ready for the hearing.Prepare an order.

There are generally two types of family motions, including a: procedural, uncomplicated, or unopposed motion (for example, asking the court for permission to file a document after a deadline has passed or asking the court to make an order that the other party agrees with or will not oppose)

Filing a Motion to Set Aside Default Judgment in Texas If you received a notice of default judgment from a Texas court, your only option is to file a motion to set aside the default judgment. Normally, you would have 30 days from the judge's order granting the motion to file a motion to set aside default judgment.

Dismissed for want of prosecution or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).

Under new Rule 91a, a party may move to dismiss a cause of action that has no basis in law or fact. A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, do not entitle the claimant to relief. A claim has no basis in fact if no reasonable person could believe the

The dismissal for want of prosecution is without prejudice, meaning that the case can be refiled and res judicata will not be a viable defense. It is also referred to as a judgment of non-prosecution.

If you do end up in court, you will have a court record even if you are found innocent or have your charges dismissed. This record will not show a conviction, but it will show that you were charged and went to court.

More info

0 What Are Workers' Compensation Medicare Set-Aside Arrangements? Upon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires.Occasionally, after the appeal has been docketed in the court of appeals, the court may hold a case management conference to set a schedule for filing any. Complete this section so that it looks exactly like the Petition filed in your case. In the (check one): ☐ District Court. Rule 60. The appellant in this case is Peggy Collins, Mr. Collins's widow. Motion in the proceeding. Hundreds of linked and summarised Australian state, territory and family court cases on domestic violence, intimate partner violence and family violence. Found that claimant's injury "arose out of" his employment.

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Collin Texas Motion to Set Aside Submission and Reopen Case