Bexar Texas Emergency Motion to Remand Cause refers to a legal process used in the Bexar County, Texas, court system to request the transfer of a case from federal court back to the state court. This motion is typically filed by the plaintiff or defendant who believes that the case was wrongfully removed to the federal level. There are various types of Bexar Texas Emergency Motions to Remand Causes, each having its unique circumstances and reasons for removal: 1. Diversity Jurisdiction: This type of motion to remand is filed when a case is removed to federal court based on diversity jurisdiction, which requires that the parties involved in the lawsuit be from different states. The motion argues that no diversity of citizenship exists, and the case should be remanded to the appropriate state court. 2. Federal Question Jurisdiction: In cases where the defendant removes the case to federal court based on the presence of a federal question, the plaintiff can file an emergency motion to remand if they do not believe that the federal question is significant enough to warrant federal jurisdiction. 3. Improper Removal: This type of motion is filed when the party believes that the removal of the case to federal court was done improperly. It argues that the procedural requirements for removal were not met, such as the failure to file within the specified time limit. 4. Lack of Subject Jurisdiction: If the plaintiff or defendant believes that the federal court lacks subject jurisdiction over the case, they can file an emergency motion to remand. This could be due to the case not involving a federal question or not meeting the required amount in controversy. When filing a Bexar Texas Emergency Motion to Remand Cause, it is crucial to gather supporting evidence and legal arguments to persuade the court to transfer the case back to the state court. Proper research and consultation with an experienced attorney are essential to navigate the complex process successfully. Note: The information provided above is for general informational purposes only and should not be considered legal advice. It is advisable to consult with a qualified attorney for specific guidance regarding a Bexar Texas Emergency Motion to Remand Cause.
Bexar Texas Emergency Motion to Remand Cause
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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.
(e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment until thirty days after all such timely-filed motions are overruled, either by a written and
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.
The time of release from jail may vary; the average time for release may be four (4) to six (6) hours from the time of bond approval. When you post bond for someone to be released from jail, please make allowances for unforeseen problems and possible delays.
Trial. According to the Texas felony process, trial will commence within 180 days of the arrest. You and your attorney will have the opportunity before trial to negotiate a plea deal with the prosecution. The plea bargain can allow you to plead guilty to lesser charges, thus minimizing your punishment.
MAGISTRATION. After a person has been arrested in Bexar County, he or she will be brought to the Central Magistrate Office to appear before a judge where charges will be explained to the accused and a bond will be set.
If the grand jury determines there is sufficient evidence to prosecute, then a ?true bill? is issued, and the defendant remains in custody or on bond pending trial. After the indictment has been issued, the defendant will be arraigned, meaning they will be brought before the trial judge and they must enter a plea.
If you would like to request a mug shot, a copy of an incident report, or submit an open records request, Please visit Central Records for more information.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.