Laredo Texas Defendant's Motion to Sever

Name: Laredo Texas Defendant's Motion to Sever
Brand: US Legal Forms
Rating: 4.77 (202 reviews)

Category:

Texas Court Samples - Products Liability - Sample Case 1

State:

Texas

City:

Laredo

Control #:

TX-CC-51-02A

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A02 Defendant's Motion to Sever

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FAQ

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

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.

Rule 94 supersedes the line of decisions holding that the plaintiff suing on an insurance policy is required to negative in his pleading the existence of any exceptions to general liability contained in the policy.

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.

General Denial: I deny all of the Plaintiff's allegations in this complaint or petition. I request notice of all hearings in this case. Note: Entering a general denial does not prevent you from raising other defenses at trial. Texas Rules of Civil Procedure Rule 502.2(b)).

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.

Summary judgment motions do have a timeline for filing and response. First, a summary judgment motion must be on file at least 21 days before it can be heard. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing. (Id.)

A motion to sever is a request by either the State or the defendant asking the court to have separate jury trials on the different charges. A motion to sever can also ask the court to sever the trials of co-defendants, resulting in the defendants being tried separately rather than together.

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

Rule 92. General Denial (1985) A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.

Laredo Texas Defendant's Motion to Sever

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How can a defendant file a motion to dismiss?

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