A Collin Texas Plaintiffs Motion To Set Aside Dismissal is a legal document filed by the plaintiffs in a lawsuit requesting the court to overturn a prior dismissal decision and reopen the case. This motion is typically filed when the plaintiffs believe that the dismissal was unjust or based on erroneous grounds. The purpose of the motion is to present new evidence, legal arguments, or procedural errors that support the plaintiffs' contention that the case should be reinstated and given another chance to be heard. The plaintiffs must demonstrate to the court that there is a meritorious claim, and they have a valid reason for setting aside the dismissal order. There are different types of Collin Texas Plaintiffs Motion To Set Aside Dismissal, which may vary depending on the circumstances of each case. Some common types include: 1. Collin Texas Plaintiffs Motion To Set Aside Dismissal for Lack of Jurisdiction: This motion is filed when the plaintiffs argue that the court lacked the authority to dismiss the case due to an incorrect interpretation of the jurisdictional rules. 2. Collin Texas Plaintiffs Motion To Set Aside Dismissal for Newly Discovered Evidence: This motion is filed when the plaintiffs have obtained new evidence that wasn't available during the previous proceedings, which they believe would significantly alter the outcome of the case. 3. Collin Texas Plaintiffs Motion To Set Aside Dismissal Based on Procedural Errors: This motion is filed when the plaintiffs argue that the court made procedural errors during the dismissal process, such as not properly considering all relevant facts or not following proper legal procedures. 4. Collin Texas Plaintiffs Motion To Set Aside Dismissal Due to Dismissal Without Prejudice: This motion is filed when the court has dismissed the case without prejudice, meaning the plaintiffs have the right to refile the lawsuit. The motion requests the court to reconsider the dismissal and allow the plaintiffs to proceed with the case instead of starting from scratch. In summary, a Collin Texas Plaintiffs Motion To Set Aside Dismissal is a means for plaintiffs in a legal case to challenge a dismissal order and request the court to reopen the case. These motions come in various forms, each focusing on specific grounds for setting aside the dismissal decision. It is crucial for the plaintiffs to provide compelling arguments and evidence to support their motion and convince the court to reconsider its previous ruling.
Collin Texas Plaintiffs Motion To Set Aside Dismissal
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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.
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.
Can I dismiss my case? You may dismiss or ?nonsuit? a case you filed at any time before you have introduced all your evidence by filing a Notice of Nonsuit with the court. See Texas Rules of Civil Procedure, Rule 162.
If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client's confidence; yet if they decline to produce they may breach their duty as officer of the court.
Rule 12 - Attorney to Show Authority. A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.
No motion may be presented in open Court, other than a motion for admission to the Bar, except when the proceeding to which it refers is being argued. Oral argument on a motion will not be permitted unless the Court so directs.
Under new Rule 91a, a party may move to dismiss a cause of action that has ?no basis in law or fact.? A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, ?do not entitle the claimant to relief.? A claim has no basis in fact if ?no reasonable person could believe the
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.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.