Abilene Texas Motion to Retain Action on the Court's Docket

State:
Texas
City:
Abilene
Control #:
TX-CC-56-04
Format:
PDF
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Description

A04 Motion to Retain Action on the Court's Docket

The Abilene Texas Motion to Retain Action on the Court's Docket is a legal procedure used to request that a court maintain its jurisdiction over a specific case. When a party files a motion to retain action, they are essentially asking the court to keep the case on its docket, ensuring that the court will continue to oversee and resolve any legal matters related to the case. This motion is commonly filed when there are concerns that the case may be removed from the court's jurisdiction for various reasons, such as a request for a change of venue, transfer to a different court, or a potential delay in proceedings. By filing a motion to retain action, the party is expressing their desire to keep the case under the jurisdiction of the current court, providing a sense of stability and familiarity throughout the legal proceedings. There might be various types of Abilene Texas Motion to Retain Action on the Court's Docket, including: 1. Motion to Retain Action on the Court's Docket due to Change of Venue: This motion is typically filed when there is a request to change the location or venue of the trial. The party filing the motion believes that the current court is the appropriate venue to hear the case and seeks to retain it within the same jurisdiction. 2. Motion to Retain Action on the Court's Docket due to Transfer Request: This type of motion is filed when there is a request to transfer the case to a different court, often due to factors such as convenience, impartiality, or expediency. The party filing the motion argues that the current court should retain jurisdiction, emphasizing reasons why the transfer would not be in the best interest of justice. 3. Motion to Retain Action on the Court's Docket due to Potential Delay: In certain situations, a party may file a motion to retain action when there are concerns that a delay in proceedings could negatively impact the case. This motion seeks to prevent any unnecessary delays and emphasizes the importance of promptly resolving the legal matter to ensure justice is served. It is crucial to consult legal professionals and review the specific laws and procedures in Abilene, Texas, to file an accurate and appropriate motion to retain action on the court's docket. The content generated here serves as a general overview and should not be considered legal advice.

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FAQ

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.

The rules of civil procedure require that a continuance motion be verified: ?No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.? Tex.

Reset Cases. For Court appointed attorneys the Court Administrator may reset the case up to three times. After 3 setting the Defense Attorney must have the Judge's permission. For retained attorneys the Court Administrator may reset up 4 resets. After the fourth reset the attorney must talk to the Judge to get a reset.

The prosecutor can dismiss or drop the charges when there are errors in the criminal complaint. Prosecutor's discretion. In rare cases, a prosecutor may dismiss criminal charges when there are extenuating circumstances.

Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested. A dismissed case will still remain on the defendant's criminal record.

Rule 165a - Dismissal for Want of Prosecution 1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice.

The Motion to Retain must be verified and state specific grounds. The Motion must also state a date by which the case will be ready for trial.

What does it mean to retain a case? If a case is ?retained? it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing.

More info

Action: a lawsuit in federal court based on federal law. A natural gas processing plant located in the City of Silver, Coke County, Texas (the "Jameson.

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Abilene Texas Motion to Retain Action on the Court's Docket