Can a complaint be dismissed for defective service?
Motion to Dismiss. Some complaints are defective and a motion to dismiss may be an appropriate response. There are a lot of reasons why a complaint could be dismissed, which you attorney should be able to argue for you. When a complaint is dismissed, the lawsuit is over.
When can you file a motion to dismiss Texas?
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
What is Rule 306a in Texas?
Rule 306a. Date of Judgment or Order (1981) Rule 306a. Date of Judgment or Order (1981) Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions, and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.
What is Level 2 Rule 190 of the Texas Rules of Civil Procedure?
Rule 190 – Discovery Limitations 190.1 Discovery Control Plan Required. Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.
How long does a judge have to rule on a motion in Texas?
within 45 days
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 is Rule 239a?
Rule 239a of the Texas Rules of Civil Procedure requires a party who obtains a default judgment to certify the defendant’s “last known mailing address” to the clerk of the court, who then mails written notice of the default judgment to that address.
