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You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days. See Texas Rule of Civil Procedure 505.3.
If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence on liability and damages and render judgment ingly.
What Is a Motion for Default Judgment in Texas? Texas Rule of Civil Procedure 21 governs motions in general and permits a litigant to ask the court to grant a default judgment. Usually, the plaintiff files a motion for default judgment if the defendant doesn't respond or fails to attend a hearing.
The court must not consider a motion for summary disposition until it has been on file for at least 14 days. The judge may consider evidence offered by the parties at the hearing. By agreement of the parties, the judge may decide the motion and response without a hearing.
The attorney?client privilege is found at Texas Rule of Evidence 503, and its application in federal courts is governed by Federal Rule of Evidence 501. The purpose of the attorney? client privilege is to encourage free discussion between a lawyer and client.
When a petition is filed with a justice court to initiate a suit, the clerk must promptly issue a citation and deliver the citation as directed by the plaintiff The plaintiff is responsible for obtaining service on the defendant of the citation and a copy of the petition with any documents filed with the petition.
The amount of damages is established by evidence: (A) that the account or loan was issued to the defendant and the defendant is obligated to pay it; (B) that the account was closed or the defendant breached the terms of the account or loan agreement; (C) of the amount due on the account or loan as of a date certain ...