In Texas Family Court, What Motions Are Available To File?

Motions and requests are a crucial aspect of family court proceedings, allowing individuals to request actions from a judge. These motions must be based on a pleading, and the petition or answer must contain language consistent with the request for a temporary order. Family court motions can be filed while a case is pending or after the judge has issued final orders.

There are several types of motions that can be used to secure various types of relief. The filing fee depends on the location of the motion, and it is essential to check state rules, statutes, and case law for requirements in any jurisdiction. A motion for enforcement can lead to a court review and potentially a hearing to determine necessary enforcement actions.

In Texas, there are several types of motions and requests available, including emergency motions, temporary orders during a divorce, and motions for contempt. A motion for enforcement seeks compliance with a court order, while a motion for contempt seeks to punish the non-compliant party with penalties.

Some common motions and requests include Requests for Jury, Motions for Continuance, Motions to Amend Petitions, and Motions for Temporary Orders. In a suit affecting the parent-child relationship, the court may make any order necessary to preserve and enforce the order.

To file a motion to enforce a court order in North Texas, you will need to file a Suit Affecting the Parent-Child Relationship. To get a court order for child support, custody, or visitation, you will need to file a Suit Affecting the Parent-Child Relationship and ask the court to clarify ambiguous custody and visitation orders.

What Motions Can Be Made In Court?

Motions are formal requests made to the court for specific rulings or orders related to legal cases. Common motions include the motion to dismiss, motion to compel, motion to strike, motion for summary judgment, motion for directed verdict, motion for nolle prosequi, and motions in limine. A motion to dismiss, often referred to as "throwing out" a case, is typically initiated by the defendant, arguing that the plaintiff's claim is not legally valid. Motions can be presented orally at hearings or submitted in writing, with judges providing rulings through official orders.

Motions serve various purposes in litigation, helping attorneys navigate case strategy and respond to developments. They can encompass discovery motions, which seek information from opposing parties, or motions for summary judgment, where one party requests a court decision based on already presented arguments. Notably, motions differ from pleadings, as they are procedural tools that facilitate legal rulings rather than statements of claim or defense.

Party representation in motions can include either plaintiff or defendant, and processes are regulated by court rules. Written motions must indicate grounds and relief sought with precision and may occur at any point in administrative, criminal, or civil proceedings, enhancing the management of legal adjudications before a trial.

What Is A Motion In Family Court?

Family court motions are procedural requests made to the court during or after a case, addressing issues that require immediate attention rather than waiting for a trial. Filing a motion signifies a formal appeal to the court for a specific action or relief and must delineate the request and the rationale behind it. In cases where documents or evidence are withheld by the opposing party, a motion to compel can be filed, prompting the court to enforce the sharing of necessary information. A motion hearing is a critical step in the family court process where parties seek rulings on specific matters before a trial, especially concerning divorce, child custody, or support issues.

To initiate a motion, individuals must prepare supporting papers and a proposed order to show cause, outlining their requests. There are two main types of motions: uncontested (or procedural) motions, typically simpler requests, and emergency motions, which are urgent requests for protective actions, often related to crises involving children or immediate needs. A motion is required when seeking decisions that cannot be addressed in standard court conferences. Ultimately, motions serve as vital mechanisms in family law, ensuring that courts can make timely decisions on critical matters affecting families and children.

What Are The Requirements For A Motion To Dismiss In Texas?

A motion to dismiss under Texas Rule 91a must adhere to specific timelines and requirements. It should be filed within 60 days of being served with the initial pleading containing the contested cause of action. Additionally, the motion should be filed at least 21 days prior to the hearing date and must be ruled on by the court within 45 days after filing. The motion must explicitly indicate that it is being filed under Rule 91a, identify each specific cause of action for dismissal, and provide reasons justifying the dismissal.

The grounds for dismissal may include that the claim has no legal basis. Furthermore, a response to the motion should be submitted no later than 7 days before the hearing. While litigants may seek to dismiss a case they initiated any time before presenting evidence, they can also file a Notice of Nonsuit. The court has the authority to dismiss a case if it was improperly filed or if procedural rules were violated. Legal professionals should ensure compliance with these procedural standards when filing a motion to dismiss.

What Is The Rule 248 Motion In Texas?

Rule 248 of the Texas Rules of Civil Procedure outlines procedures regarding jury cases. When a jury is requested, the court is to address and resolve questions of law, motions, exceptions to pleadings, and any other unresolved matters prior to the trial. This is to ensure that the matters are settled as much as possible before the designated trial date. Jurors are then summoned to appear on that specified day. This approach helps streamline the trial process and ensures that jurors are not called without clarity on legal issues that may affect the proceedings.

Additionally, the surrounding rules provide context for motions related to new trials, corrective actions for judgments, and appeals in civil cases. Rule 506 specifically deals with appeals from justice courts, while other rules provide protocols for various motions, including those to transfer venue and procedural guidelines for discovery. The entire structure of the rules is intended to clarify legal matters and streamline judicial processes leading up to trial.

To sum up, Rule 248 emphasizes the importance of resolving legal uncertainties before a trial begins, allowing jurors to participate effectively without delays or complications arising from unresolved legal issues. This procedural framework is complemented by other rules governing various trial-related motions and appeals, contributing to the efficiency of the court system in Texas.

What Is A Rule 11 Motion In Texas?

Rule 11 of the Texas Rules of Civil Procedure allows attorneys and parties in a lawsuit to enter into written agreements concerning any aspect of the case. These agreements must be in writing, signed, and filed with the court to be enforceable. Commonly used in family law cases, such as divorce and child custody, Rule 11 agreements provide a mechanism for quick resolutions to disputes. Essentially, a Rule 11 agreement is a settlement deal reached outside court, created by the attorneys of both parties, documented, signed, and submitted to the court. The rule outlines that without a written and filed agreement, no understanding between the parties will hold legal weight.

In legal context, these agreements serve as binding contracts that formalize arrangements related to custody, access, and visitation, although custody decisions ultimately rest with the court. It is crucial to distinguish between a Rule 11 Agreement and a judge-signed Agreed Order in the Texas legal framework. Understanding the requirements and implications of Rule 11 agreements facilitates better navigation through the civil legal system for both attorneys and their clients.

Overall, Rule 11 provides a structured approach to settling disputes efficiently within the framework of Texas family law, aiming to ensure that mutual agreements are honored in a legally binding manner.

Where Can I File An Emergency Motion In Texas?

I assist clients in Fort Bend, Brazoria, and Harris Counties with urgent family law issues in Texas. For urgent matters, you can file emergency motions in family court to expedite the process. Key types of emergency motions include child custody issues, temporary orders during divorce, and restraining orders leading to protective orders. If you believe your child is in immediate danger, it is crucial to file an emergency custody motion supported by compelling evidence.

To initiate this legal action, follow the necessary steps: check local court rules, complete the relevant paperwork, file the motion, receive a hearing date, attend the hearing, and follow up accordingly.

The Texas Family Code permits temporary orders in Suit Affecting Parent-Child Relationships (SAPCR) prior to a final order. For those needing forms for emergency custody, they are obtainable through the courts. For guidance and legal representation, contact my office at 281-944-5485 or 979-267-7660. Ensuring your child's safety is paramount, and understanding the filing process is essential for prompt judicial review. Additionally, cooperation between parties can lead to agreed motions submitted for court approval.

What Are Examples Of Motions?

A motion is a formal request made to a judge concerning a specific issue in a legal case, such as seeking to set aside a default judgment or requesting installment payments on a judgment. Common types include "motion to dismiss," which argues that the court lacks jurisdiction over the plaintiff's claim, and various other motions like "motion for summary judgment." These requests are critical in civil litigation as they help parties seek rulings or orders on procedural or substantive matters.

A motion must state the reasons for the request clearly, providing a framework for the judge’s decision. There are numerous types of motions, including motions to compel discovery and evidentiary motions that govern what can be presented during trial.

In the realm of physics, motion describes the change in position of an object over time. It can be categorized into different types: linear motion (movement along a straight path), circular motion (movement along a circular path), and rotational motion (movement around an axis). Motions are essential considerations in both legal proceedings and physical phenomena. In legal contexts, motions facilitate the administration of cases, while in physics, they account for the dynamics of objects and their interactions within different frames of reference. Understanding both concepts is vital for effective navigation through their respective complexities.

What Are The Five Types Of Motions?

Motion in physics can be categorized into various types based on movement characteristics. The principal types are:

1. Vibratory Motion: Oscillations around an equilibrium position.
2. Linear Motion: Movement in a straight line, which can be further divided into rectilinear (straight line) and curvilinear (curved path) motion.
3. Circular Motion: Movement along a circular path, such as that of the hands of a clock.
4. Rotatory Motion: Motion around a fixed axis, like the rotation of Earth.
5. Oscillatory Motion: Repeating motion over time, such as a pendulum swinging.

In physics, motion signifies a change in position or orientation concerning time, encompassing translational (changing position along a path) and rotational (changing orientation) movements. Moreover, the motion can be further classified into periodic (repeated over time) and non-periodic types. Understanding these types aids in analyzing movements in our dynamic universe, reflecting the constant change inherent in phenomena from simple particles to large celestial bodies.

What Is A Rule 91A Motion In Texas?

Rule 91a of the Texas Rules of Civil Procedure provides a mechanism for parties to seek the dismissal of groundless causes of action that lack a basis in law or fact. Under this rule, a claim has no basis in law if, even when the allegations are accepted as true, they do not justify the claimant's demand for relief. A motion filed pursuant to Rule 91a must specify the reasons why the claim lacks factual basis and must include a declaration that the motion is made under this rule.

The motion to dismiss must adhere to specific timelines: it should be filed within 60 days of serving the initial pleading containing the challenged cause and at least 21 days before the hearing date. The court must decide the motion to dismiss within 45 days of filing.

It's important to note that Rule 91a excludes cases governed by the Family Code or certain provisions under Chapter 14 of the Texas Civil Practice and Remedies Code. If a party is successful in their motion to dismiss, they are entitled to recover costs and reasonable attorney fees incurred in relation to the challenged cause. Additionally, the Texas Supreme Court established this rule to permit dismissals without needing substantial evidence.

Therefore, attorneys handling state court cases should consider Rule 91a motions if applicable. The introduction of this rule, arising from section 22. 004(g) of the Texas Government Code in 2011, aims to streamline the dismissal of baseless claims.