Legal Question in Family Law in Texas
When an appeal is filed on a divorce, in the same court where the divorce was granted, and the party filing the request for a new trial includes an affidavit (attached to their motion), is it customary for the opposing side to also file papers (a motion, an affidavit, etc.) saying WHY they feel that a new trial SHOULD NOT be granted? I'm talking about prior to the hearing on the motion for a new trial?
My divorce has been appealed and I'm waiting on the court date but my attorney has not filed any papers (that I'm aware of) arguing why a new trial should not be granted and I'm wondering if this is normal? It seems like my attorney should have filed papers with our reasons why a new trial should not be granted so that when the judge prepares to hear the case, she will hear both sides of the argument at that time and NOT JUST on the day of the hearing! Please let me know if this is normal procedure or not! Thank you so much!
1 Answer from Attorneys
A motion for new trial is not the same as an appeal.
Motions for new trial are usually NOT granted.
A motion for new trial extends the time period for filing an appeal.
Trust your lawyer. He probably doesn't need to file a responsive pleading.
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