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

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

A04 Motion to Retain Action on the Court's Docket
The Austin Texas Motion to Retain Action on the Court's Docket is a legal process in which a party requests the court to keep a particular case on its docket. This motion is typically filed when there is a risk or concern that the case might be dismissed or delayed due to various reasons, and the party intends to maintain the case's status and ensure its progression through the legal system. The motion is filed in the court where the case is currently pending, specifically in Austin, Texas. It is a formal request made by an attorney or party to the court, outlining the reasons why the case should be retained on the docket. Keywords: Austin, Texas, Motion to Retain Action, court's docket, legal process, case, dismissed, delayed, progression, pending, attorney, party, formal request. Different types or situations where the Austin Texas Motion to Retain Action on the Court's Docket may occur can include: 1. Pending Dismissal: When a case is at risk of being dismissed due to procedural issues, lack of progress, or noncompliance with court orders or deadlines, the party may file a motion to retain the action on the court's docket. This motion aims to prevent the dismissal and, instead, maintain the case's status for further proceedings. 2. Scheduled Trial or Hearing: If a case has a trial or hearing date scheduled, but there is a concern regarding postponement or rescheduling, a party may file a motion to retain action to ensure that the court keeps the scheduled event on its docket. This is particularly important when there are scheduling conflicts or unforeseen circumstances that could lead to delays. 3. Lack of Activity: In cases where no recent activity has occurred, such as a prolonged period without filings, updates, or hearings, a party may file a motion to retain action on the court's docket to demonstrate their intent to continue pursuing the case. This helps ensure that the court does not remove the case from its docket due to inactivity. 4. Jurisdictional Issues: In situations where there are concerns regarding the court's jurisdiction over the case, such as challenges to personal or subject jurisdiction, a party may file a motion to retain action on the court's docket. This motion serves to assert that the court has the authority to hear and decide the case, addressing any objections raised by the opposing party. It is important to note that these examples are not exhaustive, and the specific circumstances under which an Austin Texas Motion to Retain Action on the Court's Docket may be filed can vary depending on the unique facts and legal issues present in each case.

The Austin Texas Motion to Retain Action on the Court's Docket is a legal process in which a party requests the court to keep a particular case on its docket. This motion is typically filed when there is a risk or concern that the case might be dismissed or delayed due to various reasons, and the party intends to maintain the case's status and ensure its progression through the legal system. The motion is filed in the court where the case is currently pending, specifically in Austin, Texas. It is a formal request made by an attorney or party to the court, outlining the reasons why the case should be retained on the docket. Keywords: Austin, Texas, Motion to Retain Action, court's docket, legal process, case, dismissed, delayed, progression, pending, attorney, party, formal request. Different types or situations where the Austin Texas Motion to Retain Action on the Court's Docket may occur can include: 1. Pending Dismissal: When a case is at risk of being dismissed due to procedural issues, lack of progress, or noncompliance with court orders or deadlines, the party may file a motion to retain the action on the court's docket. This motion aims to prevent the dismissal and, instead, maintain the case's status for further proceedings. 2. Scheduled Trial or Hearing: If a case has a trial or hearing date scheduled, but there is a concern regarding postponement or rescheduling, a party may file a motion to retain action to ensure that the court keeps the scheduled event on its docket. This is particularly important when there are scheduling conflicts or unforeseen circumstances that could lead to delays. 3. Lack of Activity: In cases where no recent activity has occurred, such as a prolonged period without filings, updates, or hearings, a party may file a motion to retain action on the court's docket to demonstrate their intent to continue pursuing the case. This helps ensure that the court does not remove the case from its docket due to inactivity. 4. Jurisdictional Issues: In situations where there are concerns regarding the court's jurisdiction over the case, such as challenges to personal or subject jurisdiction, a party may file a motion to retain action on the court's docket. This motion serves to assert that the court has the authority to hear and decide the case, addressing any objections raised by the opposing party. It is important to note that these examples are not exhaustive, and the specific circumstances under which an Austin Texas Motion to Retain Action on the Court's Docket may be filed can vary depending on the unique facts and legal issues present in each case.

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FAQ

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.

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.

Reinstatement. A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of dismissal is signed or within the period provided by Rule 306a.

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.

Rule 12 of the Texas Rules of Judicial Administration provides for public access to certain records made or maintained by a judicial agency in its regular course of business but not pertaining to its adjudicative function.

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.

A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief or his attorney to appear for any hearing or trial of which the party or attorney had notice, or on failure of the party or his attorney to request a hearing or take other action specified by the court within fifteen days

?Dismissed for want of prosecution? or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).

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

Criminal Post Trial Services. Pending in the 98th Judicial District Court,.Travis County, Texas,. Reflected in the 2020 Administrative Law Handbook. Impact Court Docket. Many forms in Texas are not available in a fill-in-the-blank format. These types of cases are automatically appealed to the Texas Court of Criminal Appeals from the Trial Courts. Action, Service of Process, Pleadings, Motions and. , month, day, and year) and the docket. Though contempt is certainly not as common as Hollywood makes it out to be, prosecutors should not be caught unaware of its ramifications.

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