College Station Texas Motion to Retain Action on the Court's Docket refers to a legal request made by a party in a court case to ensure that their case remains on the court's schedule and is not dismissed or delayed. This motion is typically filed to prevent the case from being removed or postponed due to various reasons, such as a lack of activity, administrative errors, or the opposing party's request for dismissal. In College Station, Texas, there may be different types of Motions to Retain Action on the Court's Docket, namely: 1. Administrative Motion to Retain: This type of motion is often filed when a case has not made any significant progress due to administrative issues, such as incorrect filing, scheduling conflicts, or database errors. The party requesting this motion seeks to rectify any bureaucratic hurdles and ensure that their case remains actively considered by the court. 2. Response Motion to Retain: Occasionally, a party may file a Motion to Retain in response to the opposing party's Motion to Dismiss. This motion is commonly submitted in situations where the petitioner believes that the case has substantial merit and should be retained on the docket, despite the opposing party's efforts to dismiss it. 3. Merit-Based Motion to Retain: This type of motion is filed when new evidence or information comes to light that strengthens the petitioner's case and demonstrates its viability. The party requesting this motion presents compelling arguments or presents additional facts that warrant the court's attention and retention of the case on the docket. 4. Motion to Retain for Case Progression: Sometimes, a case may experience delays due to various external factors, such as unavailability of witnesses, appeals, or a crowded court calendar. In such instances, the party filing the motion seeks to retain the case on the court's docket, indicating their willingness to actively progress the case and address any potential delays effectively. Regardless of the specific type of Motion to Retain Action on the Court's Docket, it serves as a crucial mechanism for parties involved in a legal dispute to ensure that their case receives due attention and is not unfairly dismissed or postponed. These motions require detailed explanations, supporting evidence, and sound legal arguments to persuade the court to retain the case and move it forward in a timely manner.
College Station Texas Motion to Retain Action on the Court's Docket
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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.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
Docket control orders help parties know what to expect in their family case. Not knowing where your case is going or when you are going to get there makes a family law case a less than a fun experience.
?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.
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.
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 306a. Date of Judgment or Order (1981) Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions, and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.
Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back. Judges may grant continuances in criminal cases, but only when a party shows good cause for needing the delay.