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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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What does a motion to retain mean

Resolved Question:

What does a motion to retain mean?
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.

Hi there:

 

if a case has been on the court's docket for too long without a final judgment (or other action), the court will automatically purge the case. A motion to retain a case is a motion to allow the case to remain on the court's docket longer than would otherwise be allowed. It's basically telling the court "yes, we still plan on pursuing this, it has just taXXXXX XXXXXer than we expected."

Customer: replied 7 years ago.
This is the homeowners association filing a motion to retain. Should I do anything before Tuesday, December 1, 2009 date?
Expert:  Brandon M. replied 7 years ago.
What happens on December 1, 2009?
Customer: replied 7 years ago.
A copy of a letter to Harris County District Clerk was sent to me from the homeowners association attorney. The plaintiff's motion to retain notice of submission order will be presented to the court for ruling on Tuesday, December 1, 2009.
Expert:  Brandon M. replied 7 years ago.
When did you receive the notice?
Customer: replied 7 years ago.
I checked my mail tonight and it was there. The stamp on the envelop is dated Nov. 24, 2009. I also had a certified mail notice in my box with today's date 11/28 which I will pick up tomorrow.
Expert:  Brandon M. replied 7 years ago.
I would never advise anyone to miss a court date, but they will probably have to refile since notice was not timely delivered. There is nothing that you can really do between now and Tuesday anyway, so I would just show up and let the court know if you oppose the motion due to the failure to timely serve.
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