Lewisville, Texas Motion to Retain Case on Docket: A Comprehensive Overview In the legal system of Lewisville, Texas, a Motion to Retain Case on Docket is a formal request made by one of the involved parties in a legal case to keep the case active on the court's docket. This motion is typically filed when there is a possibility that the lawsuit may be dismissed or administratively closed due to a lack of progress or inactivity. When a lawsuit is filed, it is added to the court's docket, which is a schedule or list of all pending cases. If a case remains dormant or inactive for an extended period, it may be subject to dismissal or removal from the docket. However, a Motion to Retain Case on Docket can be filed to prevent this from happening. There may be various situations or types of cases in which parties would file a Motion to Retain Case on Docket in Lewisville, Texas. Some common scenarios include: 1. Lack of Progressive Action: If there has been no significant action taken in a case for an extended period, such as a failure to serve the defendant, exchange discovery materials, or schedule hearings, the opposing party may file a Motion to Retain Case on Docket to ensure that the case continues moving forward. 2. Discovery Delays: In many cases, both parties are required to exchange relevant information and evidence through the discovery process. If there are delays or failures in completing discovery or a lack of cooperation from one party, the opposing party may file a Motion to Retain Case on Docket to maintain the case's presence on the court's schedule. 3. Unresolved Motions: If there are pending motions in the case that have not been ruled upon, such as a Motion to Dismiss or a Motion for Summary Judgment, the party who filed the motion may file a Motion to Retain Case on Docket to ensure the court addresses and resolves those outstanding matters before considering dismissal. 4. Postponements or Continuances: If multiple adjournments, postponements, or continuances have occurred in a case, the opposing party may file a Motion to Retain Case on Docket to prevent the case from being dismissed due to excessive delays. Filing a Motion to Retain Case on Docket typically involves submitting a written document to the court indicating the reasons why the case should remain active and outlining steps that will be taken to move the litigation forward. The motion should be supported by relevant legal authority and may require a hearing to be scheduled. It's important to note that the specific rules and procedures for filing a Motion to Retain Case on Docket may vary slightly depending on the court, so it is essential to consult the local rules and consult with an attorney familiar with Lewisville, Texas legal practices. In conclusion, a Motion to Retain Case on Docket in Lewisville, Texas is a crucial legal strategy utilized to ensure that a case remains active and avoid potential dismissal or removal from the court's docket. By promptly addressing any delays or lack of progress, parties can effectively advocate for the continuation of their case until a resolution is reached.
Lewisville Texas Motion To Retain Case on 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.
The state has up to one year from the date of the offense or six months from the date of dismissal, whichever is longer, to re-file the charges. If charges are dismissed and re-filed within one year of the date of the incident, however, they can be dismissed without prejudice again and re-filed again within six months.
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.
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.
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.