How do I reopen my divorce case in Texas?
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How do I reopen my divorce case in Texas?
If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rules of Civil Procedure, Rules 165(a)(4).
How do I reopen a dismissed divorce case?
If they are dismissed without prejudice, then you are free to re-file. You should show your voluntary dismissal documents to your divorce attorney to see how your dismissal was processed. In any motion that is re-filed you must meet the statutory requirements of your motion.
What does motion to retain mean?
Generally, a Motion to Retain is a motion asking the court to keep a case open or to keep the case on the court’s calendar. If a judge signed an Order to Retain a collections case, it likely means that the case will not be dismissed and will remain…
What is a motion to quash in Texas?
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
Can I sue if my case is dismissed?
If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process.
Can dismissed charges be reinstated?
Yes, dropped charges can be reinstated. This happens when new evidence comes to light that makes prosecuting the case more compelling. The only thing that can prevent a future prosecution is a not-guilty verdict by a jury.
Can you sue without proof?
Without a written agreement, the “burden of proof” is on you. You must show that the amount you are claiming is owed to you. The person who owes you money can actually get away without saying a thing. That’s because they don’t have to prove they’re innocent.
