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Texas Motion To Dismiss
Summary
In Texas, Rule 91a of the Texas Rules of Civil Procedure allows a motion to dismiss a case if it lacks a legal or factual basis, but it must be filed within 60 days of the first pleading. If the deadline is missed, alternatives include filing a motion to suppress improperly obtained evidence, a motion for summary judgment if no genuine issue of material fact exists, or requesting a hearing to present new evidence. If a child was taken without a court order, argue the removal was unlawful. For false information in filings, consider a motion to dismiss based on fraud.Full Conversation
What is the plaintiff has come up with evidence against the defendant during the time since the case was originally started. Th
If the plaintiff has come up with new evidence against the defendant since the case was originally started, the defendant may need to address this evidence in court. Depending on the nature of the evidence, the defendant might consider filing a response or motion.
Would you like more information on responding to new evidence in Texas?
Would you like more information on responding to new evidence in Texas?
It's a CPS case the child was taken without a court order. The original filings had fraud misinformation and false allegations. Now that the case has been brought that should have been brought there was a failed drug test for marijuana at some point but the case should have never been brought what do you do
You can consider filing a motion to dismiss based on the fraudulent information and false allegations. In Texas, you can file a motion to dismiss under Rule 91a of the Texas Rules of Civil Procedure. Additionally, you might want to file a motion to suppress the evidence from the drug test if it was improperly obtained.
Would you like more information on how to file these motions or other specific details?
Would you like more information on how to file these motions or other specific details?
How would a drug test be improperly obtained
A drug test may be considered improperly obtained if:
- There was no valid consent from the individual tested.
- The test was conducted without following proper procedures.
- The chain of custody for the sample was broken or mishandled.
- There was no court order or legal authority for the test.
Would you like more details on how to challenge the drug test results in your CPS case?
- There was no valid consent from the individual tested.
- The test was conducted without following proper procedures.
- The chain of custody for the sample was broken or mishandled.
- There was no court order or legal authority for the test.
Would you like more details on how to challenge the drug test results in your CPS case?
What if the drug test was attained when there shouldn't have ever even been a court case on this matter
It sounds like you have a strong argument for challenging the drug test and potentially dismissing the case due to improper procedures and fraudulent allegations.
You mentioned that the case shouldn't have been brought forward in the first place. Have you considered consulting with an attorney experienced in CPS cases to help you navigate this complex situation?
You mentioned that the case shouldn't have been brought forward in the first place. Have you considered consulting with an attorney experienced in CPS cases to help you navigate this complex situation?
Rule 91a civil rules of procedure
Under Rule 91a of the Texas Rules of Civil Procedure:
- A party may move to dismiss a cause of action on the grounds that it has no basis in law or fact.
- The motion must be filed within 60 days after the first pleading containing the challenged cause of action is served.
- The court must rule on the motion within 45 days after it is filed.
Would you like more information on the specific procedures for filing this motion?
- A party may move to dismiss a cause of action on the grounds that it has no basis in law or fact.
- The motion must be filed within 60 days after the first pleading containing the challenged cause of action is served.
- The court must rule on the motion within 45 days after it is filed.
Would you like more information on the specific procedures for filing this motion?
Can a party may move to dismiss a case if a motion is filed after 60 days if you just learned you can file the motion you did not know prior
In Texas, Rule 91a requires that a motion to dismiss must be filed within 60 days after the first pleading containing the challenged cause of action is served. Missing this deadline can complicate the process, but you may still be able to argue for dismissal based on new evidence or exceptional circumstances.
Would you like more information on possible alternatives or next steps in your situation?
Would you like more information on possible alternatives or next steps in your situation?
What are some possible alternatives
Some possible alternatives to filing a motion to dismiss after the *-day deadline in Texas CPS cases include:
- Filing a motion to suppress evidence if it was improperly obtained.
- Filing a motion for summary judgment if there is no genuine issue of material fact.
- Requesting a hearing to present new evidence that challenges the validity of the case.
Do you need more details on any of these alternatives?
- Filing a motion to suppress evidence if it was improperly obtained.
- Filing a motion for summary judgment if there is no genuine issue of material fact.
- Requesting a hearing to present new evidence that challenges the validity of the case.
Do you need more details on any of these alternatives?
Yes
Some possible alternatives include:
- Motion to Suppress Evidence: If the evidence was improperly obtained.
- Motion for Summary Judgment: If there is no genuine issue of material fact.
- Requesting a Hearing: To present new evidence challenging the case's validity.
Would you like detailed steps on how to proceed with any of these options?
- Motion to Suppress Evidence: If the evidence was improperly obtained.
- Motion for Summary Judgment: If there is no genuine issue of material fact.
- Requesting a Hearing: To present new evidence challenging the case's validity.
Would you like detailed steps on how to proceed with any of these options?
What about bringing the whole case to court when there was no evidence and they took the child without court order if it is too late to do a motion to dismiss what alternative
You can explore the following alternatives:
- Motion to Suppress Evidence: Argue that evidence was improperly obtained.
- Motion for Summary Judgment: Argue there's no genuine issue of material fact.
- Request a Hearing: Present new evidence challenging the case's validity.
Would you like more detailed steps on proceeding with any of these options?
- Motion to Suppress Evidence: Argue that evidence was improperly obtained.
- Motion for Summary Judgment: Argue there's no genuine issue of material fact.
- Request a Hearing: Present new evidence challenging the case's validity.
Would you like more detailed steps on proceeding with any of these options?
What if one of the arguments for the cases validity are they took the child without a court order
If the child was taken without a court order, you can challenge the case's validity by arguing that the removal was unlawful. Consider filing a motion to suppress evidence obtained through this action and request a hearing to present this argument.
Would you like more details on how to file these motions?
Would you like more details on how to file these motions?
Also what if several pieces of false information were brought in the original court filings
If there were several pieces of false information in the original court filings, you can file a motion to dismiss based on the fraudulent information, as well as a motion to suppress any improperly obtained evidence.
Would you like more information on how to file these motions in Texas?
Would you like more information on how to file these motions in Texas?
How would you use a summary judgment and that issue
To use a summary judgment in your case:
- No Genuine Issue of Material Fact: Argue that there are no disputed facts requiring a trial.
- Supporting Evidence: Provide affidavits, documents, or testimony showing no factual disputes.
- Legal Basis: Show that, based on the undisputed facts, you are entitled to judgment as a matter of law.
Would you like detailed steps on how to file the motion for summary judgment?
- No Genuine Issue of Material Fact: Argue that there are no disputed facts requiring a trial.
- Supporting Evidence: Provide affidavits, documents, or testimony showing no factual disputes.
- Legal Basis: Show that, based on the undisputed facts, you are entitled to judgment as a matter of law.
Would you like detailed steps on how to file the motion for summary judgment?
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