Irving Texas Proposed Order for New Trial

Name: Irving Texas Proposed Order for New Trial
Brand: US Legal Forms
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Category:

Texas Court Samples - Medical Malpractice - Sample Case 1

State:

Texas

City:

Irving

Control #:

TX-CC-62-07

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A07 Proposed Order for New Trial

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So, if a party files a timely motion for new trial, and that motion for new trial is overruled by operation of law 75 days after the judgment was signed, the trial court judge could nevertheless grant a motion for new trial as long as the judge does so by 105 days after the judgment was signed. See TRCP 329b(c, e).

In Texas, a motion for a new trial is a request by a convicted defendant that the court rehears the case. There are only a few grounds for a new trial. If the judge grants the motion, a new jury will be impaneled. Another trial date will be set.

In Texas, a motion for new trial is generally due thirty days after the trial court judge signed the final judgment. See Texas Rule of Civil Procedure 329b(a).

From the foregoing, it can be seen that the rules allow the filing of a motion for new trial on the grounds of fraud, accident, mistake or excusable negligence; or of newly discovered evidence, in the manner provided for proof of motions.

Section 1. Filing of Motion for Reconsideration. - A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

Texas Rule of Civil Procedure 329b governs the filing of motions for new trial (as well as motions to modify, correct, or reform the judgment) and outlines their effect on the trial court's plenary power.

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.

A motion for reconsideration shall specify the reasons why the order is unjustified or improper. If the moving party objects to contract language recommended by the presiding officer, then the motion shall contain alternative contract language along with an explanation of why the alternative language is appropriate.

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Irving Texas Proposed Order for New Trial

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