[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient’s Name] [Recipient’s Address] [City, State, ZIP Code] Subject: Motion to Extend Time for Service of Process Dear [Recipient’s Name], I hope this letter finds you in good health and high spirits. I am writing to formally request an extension of time for service of process in the case of [Case Name and Number], currently pending in the [Court Name], Houston, Texas. Due to unforeseen circumstances and extensive research required, I am seeking additional time to diligently complete the service of process. As an essential part of the legal process, serving the defendant with the necessary documents is crucial for ensuring the fair administration of justice. Therefore, I kindly request an extension of [number of days] for the service of process. In support of this motion, I would like to provide the following reasons: 1. Complexity of the Case: Houston, Texas, being an epicenter for legal proceedings, presents cases of varying complexity. The present case involves intricate legal aspects and intricate circumstances that necessitate careful consideration for a successful service of process. I must ensure that every legal requirement is met while safeguarding the rights of all parties involved. 2. Diligent Search: In certain situations, locating the defendant for service of process can be challenging. Extensive due diligence is being conducted to identify the current address and whereabouts of the defendant through various reliable sources, such as databases, public records, and professional skip tracing services. However, this process may require additional time to ensure the accuracy of information and avoid potential errors. 3. Cooperation with Other Parties: Collaboration with other parties involved in the case is crucial for the successful service of process. Coordinating with law enforcement agencies, process servers, and other relevant entities in the Houston, Texas area is essential for expediting the service process. However, due to various factors beyond my control, including the current pandemic situation, attaining their cooperation within the original deadline has become impracticable. 4. Judicial Efficiency and Fairness: Granting an extension of time for service of process will uphold the principles of judicial efficiency and fairness. Completing the necessary due diligence allows for the proper notification of the defendant, enabling them to exercise their rights effectively. It also contributes to the overall smooth functioning of the legal system, promoting justice and fairness. In light of the aforementioned reasons, I kindly request that the court approve this motion and grant an extension of [number of days] to complete the service of process. This additional time is crucial for ensuring effective service while upholding the principles of due process. I assure you that I will make every effort to complete the service of process within the extended timeframe, utilizing all available resources and adhering to the ethical standards of the legal profession. Thank you for your understanding and cooperation in this matter. Should additional information or documentation be required to support this motion, please do not hesitate to contact me. I appreciate your prompt attention to this request. Yours sincerely, [Your Name]
Houston Texas Sample Letter for Motion to Extend Time for Service of Process
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How to fill out Houston Texas Sample Letter For Motion To Extend Time For Service Of Process?
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FAQ
If you wish to request a change in the court date, submit your request in writing to the District Court where your trial or hearing will be heard with an explanation of the circumstances that require the change and include any supporting documentation.
Under the Revised Rules, an Answer is to be filed within 30 calendar days after service of summons. A 30-day extension to file the Answer may be allowed for meritorious reasons. The longer period is necessary in view of the additional requirements that must accompany the Answer, as discussed above.
How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
How can I reschedule my court date? Court Date Continuance ? Trial court continuances should be discussed with the respective clerks in each division. Continuance requests must be AT LEAST 5 WORKING DAYS before the current court date.
I am requesting a continuance until after (provide a date when your scheduling issue will be resolved), when this scheduling conflict will be resolved. Thank you for your attention to this matter. The rules and procedures regarding requesting a continuance can vary depending on state and local rules.
How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.
Acceptable Excuses to Fail to Appear in Court You Were Not Notified of Your Hearing. One of the most common valid excuses to miss a court hearing is when you were not properly notified of the date within a reasonable amount of time.You Have a Health or Family Emergency.Your Lawyer Has Withdrawn.
