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Michael Gonzalez
Michael Gonzalez,
Category: Legal
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Experience:  Managing Member at EWF Title, LLC
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How many days notice must you give other side of a trial

Customer Question

How many days notice must you give other side of a trial setting?
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
Expert:  Michael Gonzalez replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In Florida, where I am licensed to practice law, a civil trial for personal injuries may not be set less than 30 days from the service of the Notice of the Trial.

Customer: replied 5 months ago.
Case is in Texas
Expert:  Michael Gonzalez replied 5 months ago.

In Texas, a trial court may schedule contested cases on its own motion, provided it gives the party "reasonable
notice of not less than 45 days" before the first scheduled trial setting. Tex. R. Civ. P. 245; Raines v. Gomez,
118 S.W.3d 875, 876 (Tex. App.-Texarkana 2003, no pet.). When a case has been previously set for trial, the
trial court may reset the case to a later date on reasonable notice to the parties, which may be less than 45
days. Tex. R. Civ. P. 245; O'Connell v. O'Connell, 843 S.W.2d 212, 215 (Tex. App.-Texarkana 1992, no writ). To
determine what constitutes reasonable notice for resetting a case to a later date, we must look to the facts of the
individual case rather than be guided by an arbitrary time period. O'Connell, 843 S.W.2d at 215. The Texas
Rules of Civil Procedure also require notice of the trial setting to be sent by personal service, courier-receipted
delivery, certified or registered mail, fax, or by any other manner as the trial court in its discretion may direct.
Tex. R. Civ. P. 21a; Raines, 118 S.W.3d at 876. A party is generally charged with notice of all orders that are
rendered affecting the case. See Continental Casing Corp. v. Siderica Corp., 38 S.W.3d 782, 791 (Tex. App.-
Houston [14th Dist.] 2001, no pet.) (counsel chargeable with notice of court order where copy of court order in
court files had particular date stamped on it, court's docket sheet indicated that order was signed on that date,
and notice of order and date it was entered was mailed to all counsel of record).Cantu v. Salameh, Tex: Court of
Appeals, No. 01-08-00017-CV. 1st Dist., Houston June 18, 2009.

Therefore, it appears that in Texas if this was the first time the trial was set then reasonable notice to a party would be at least 45 days from date of service. Notwithstanding, I would confer with local counsel to protect your interests and rights.

Good luck.

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