Harris Texas Motion to Set Aside Submission and Reopen Case

State:
Multi-State
County:
Harris
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.

Harris Texas Motion to Set Aside Submission and Reopen Case is a legal mechanism available to parties involved in a case in the Harris County, Texas jurisdiction, seeking to challenge a previous decision or judgment and reopen the case for further consideration. This motion can be filed with the court to ask for a review and potential reversal of a prior decision based on valid grounds. Keywords: Harris Texas, Motion to Set Aside, Submission, Reopen Case, legal mechanism, Harris County, Texas jurisdiction, challenge, previous decision, judgment, review, reversal, prior decision, valid grounds. There are different types of Harris Texas Motion to Set Aside Submission and Reopen Case, including: 1. Harris Texas Motion to Set Aside Submission and Reopen Case — Fraud: This type of motion can be filed when a party believes that there has been fraud or misrepresentation involved in the previous decision. The motion aims to expose the fraudulent activity and request the court to reconsider the case. 2. Harris Texas Motion to Set Aside Submission and Reopen Case — Newly Discovered Evidence: This type of motion is filed when a party comes across new evidence that was not available during the initial proceedings. The evidence must be substantial and have the potential to substantially change the outcome of the case. 3. Harris Texas Motion to Set Aside Submission and Reopen Case — Ineffective Assistance of Counsel: This type of motion is filed when a party believes that their previous attorney provided inadequate or ineffective representation, which resulted in an unfavorable outcome. The allegation is that the attorney's incompetence affected the outcome of the case. 4. Harris Texas Motion to Set Aside Submission and Reopen Case — Mistake, Surprise, or Excusable Neglect: This type of motion is filed when a party can demonstrate that the previous decision was made due to a mistake or surprise, or as a result of the party's excusable neglect. The motion seeks to have the case reopened to rectify any inadvertent errors. 5. Harris Texas Motion to Set Aside Submission and Reopen Case — Lacsubjecteder Jurisdiction: This type of motion is filed when a party argues that the court that rendered the previous decision lacked the authority or proper jurisdiction to hear the case. The motion aims to challenge the court's jurisdiction and have the case reopened in the appropriate court. In conclusion, a Harris Texas Motion to Set Aside Submission and Reopen Case is a legal recourse available to parties dissatisfied with a previous decision in the Harris County, Texas jurisdiction. This motion can be filed under different circumstances, including fraud, newly discovered evidence, ineffective assistance of counsel, mistake or surprise, and lack of subject jurisdiction. By filing such a motion, parties can request the court to reconsider the case and potentially reverse the previous decision based on valid grounds.

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FAQ

Rule 109a - Other Substituted Service. Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service, if the court finds, and so recites in its order, that the method so prescribed would be as likely as publication to give defendant actual notice.

Rule 306a. Date of Judgment or Order (1981) Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions, and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.

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.

Another way to have a Default Judgment Vacated is by filing a Motion to Vacate Judgment. 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.

An application to the court for an order and notice of any hearing thereon, not presented during a hearing or trial, must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court.

Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant. You can attempt to revive a dormant judgment in order to continue to try and collect the debt.

After the motion is filed, the person to be examined, and all parties to the case, must be formally served with notice of the hearing that will determine whether or not the order is granted. If granted, the order must be in writing and specify a time, place, manner, conditions and scope of the examinations.

Decision on motions for summary judgment: About 15 months after beginning of representation. The judge will make a decision on summary judgment about three months after s/he hears arguments from both sides.

You can get a partial release of a lien that resulted due to a judgement against you in Texas if the property is a homestead. To get a free assessment of your particular situation and to see if we can negotiate a settlement on your Texas judgement or even get it removed.

Rule 12. ATTORNEY TO SHOW AUTHORITY. A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.

More info

Support of Harris Research's Motion for Summary Judgment at 2, docket no. Rule 60(b), in turn, lets a party "seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.Case No.: 2005AP2935. Complete Title of Case: †Petition for Review Filed. District court may set aside an order vacating a decree of divorce. This motion must be filed no less than 7 days before trial. Filing and service. 14. Computation and extension of time. 15.

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Harris Texas Motion to Set Aside Submission and Reopen Case