Wichita Falls Texas Motion to Retain Action on the Court's Docket

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

When a case is dismissed with prejudice, it's closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves the door open for the case to be reopened down the road.

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.

Every motion for new trial must be verified through a sworn declaration. This may be done by the attorney, or a pro se criminal defendant. The verification should swear to the factual matters presented in the motion.

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.

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 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.

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.

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Wichita Falls Texas Motion to Retain Action on the Court's Docket