How to prepare a 'Motion to Set' in a state court in Texas? I want my to be set for trial as soon as possible.
Country relating to Question: United States
State (if USA): Texas
Hello friend and thank you for requesting me.A civil, family, or a criminal trial? In what court?If civil/family, do the parties disagree, or do they agree and simply wish to finalize it?
It is a civil trial in Bexar county district court (San Antonio, TX). Parties do not agree, I mean defendants have filed a general denial.
Thank you, Saurav.In this case, I am afraid there is "Motion to Set."What you do is wait util the Court renders and sends out a SCHEDULE ORDER. This order will have the breakdown of when the dates are - end of discovery, pre-trial, trial, etc. This scheduling order comes out about 2 months or so after you file the original petition.The Court sets the date for trial, I am afraid. You cannot make them set it any sooner before then whatever date the Court renders on the Scheduling Order. My apologies for being the bearer of not what you had wishes to hear.While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Well, this is what I thought was going to happen but when I e-mailed the 'staff-attorney' in the court, I was told that I will have to file a 'Motion to Set' along with an order.
Saurav,I think the attorney may have been a bit misleading without meaning to.You cannot "set" anything if there is no scheduling order that even has a trial date yet. The attorney may have been speaking "tongue in cheek" here, stating that if you wish to set something, you'd file a "Motion to Set," but frankly, you cannot do this.One waits the scheduling order, and then the Court appoints a trial date sooner or later. Once you have a trial date, you can move it down as needed.But you cannot "set" the original trial date.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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