Legal Question in Family Law in Texas
My case was dismissed for no reason, the Administrative Clerk at the Court House made a mistake and dismissed the case. Her mistake ended costing me money and time, what can I do about this?
Emelina Pollock
2 Answers from Attorneys
If it's been less than 30 days, file a motion to reinstate the case. It looks something like this:
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Heading/caption
MOTION TO REINSTATE CASE ON DOCKET
TO THE HONORABLE JUDGE OF SAID COURT:
This Motion to Reinstate Case on Docket is brought by
1. This case was dismissed by an order signed on <>.
2. The act or omission resulting in dismissal was not intentional or the result of conscious indifference but was due to an accident or mistake, in that
< name> requests that this Court enter its order reinstating
Respectfully submitted,
_______
Affidavit
<> appeared in person before me today and stated under oath that he is above the age of eighteen years and is fully competent to make this affidavit; that he has read the above Motion to Reinstate Case on Docket; and that every statement contained in it is within his personal knowledge and true and correct.
<>
Signed under oath before me on ______________________, 2009.
Notary Public, State of Texas