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

State:
Texas
City:
Killeen
Control #:
TX-CC-56-04
Format:
PDF
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A04 Motion to Retain Action on the Court's Docket

Keyword: Killeen Texas Motion to Retain Action on the Court's Docket Description: A motion to retain action on the court's docket is a legal request filed by one party in a case to keep the case active on the court's schedule. It is typically used when there is a risk that the case may be dismissed or delayed for various reasons. In Killeen, Texas, there are different types of motions to retain action on the court's docket, depending on the nature of the case. 1. Civil Case Motion to Retain Action: In civil cases, such as personal injury or contract disputes, a party may file a motion to retain action on the court's docket to ensure that the case continues to move forward without unnecessary delays. This motion is often used when there is a possibility that the opposing party may try to stall or dismiss the case. 2. Criminal Case Motion to Retain Action: In criminal cases, such as assault or theft charges, the prosecution or defense may file a motion to retain action on the court's docket to avoid unnecessary delays or dismissals. This motion is crucial in ensuring that the accused receives a fair and timely trial within the prescribed legal framework. 3. Family Law Case Motion to Retain Action: In family law cases, such as divorce or child custody disputes, one party may file a motion to retain action on the court's docket to prevent any delay or dismissal that may affect the rights and welfare of the parties involved, particularly the children. By filing a motion to retain action on the court's docket in Killeen, Texas, parties ensure that their case remains actively scheduled, preventing potential setbacks and allowing for a swift resolution. This motion is often used to protect the rights and interests of the parties involved and promote the fair administration of justice in the Killeen courts.

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FAQ

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 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.

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.

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.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

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.

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

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