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Rule 101(b)(1) summons must be served at least 21 days before the appearance date. A rule 101(b)(1) summons covers all summons for actions less than $50,000 and mandatory arbitration cases, Rule 101(b)(2) and (b)(3) summons must be served at least 3 days before the appearance date.

Before a lawsuit is instituted, a person is required to give a Notice of Intention to Sue to the other party. A law suit may be instituted by filing a Plaint in the court registry. A plaint is a document stating the plaintiff's claim against the defendant and what he/she wishes court to do for him/her.

The three approved ways to bring you into the suit as a defendant are: personal service, service by certified mail, and substituted service. Personal service means just that. An adult, who is not the person bringing the suit, hands the ?Claim of Plaintiff? to you and you've been served.

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.

In any petition filed before court, the notices will be served through court process servers or by registered post through court registry. Once Notice served, the defendant will sign the copy of notice. A notice to the government department has to be given prior to the hearing of the case.

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 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.

DISMISSAL BY STATE'S ATTORNEY. The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal.

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action

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.

Amarillo Texas Application For Subpoena

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