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  #1  
Old 03-24-2006, 01:14 PM
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Join Date: Jan 2006
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Help! What is the name of the form to keep your case open


What is the name of your state? TX
My divorce case is going to be closed on the 31. I was told I need to file a motion to keep my case open. I finally succeded in serving my husband after 3 and a half years. The district clerk won't tell me what the name of the paper is I need to file. She said she can't give legal advice. I'm trying to find it on the internet but I don't know what it's called.
  #2  
Old 03-24-2006, 01:30 PM
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Join Date: Feb 2005
Posts: 1,437
[url]http://law.onecle.com/texas/family/263.401.html[/url]

Extension?
  #3  
Old 03-24-2006, 04:26 PM
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I found the notice they sent me
The case as described above has been placed on the dismissal docket. The dismissal docket will be called at 9:00 am on 3/31/06, in the county court at law #1, courthouse annex.
If you want you case to remain on the docket you must:
1. File a sworn Motion to Retain setting forth good cause for the case to be maintained on the docket;
2. File a proposed pretrial order setting deadlines for the joining of new parties, completion of discovery, filing of all pleading, the making of a response or supplemental response to discovery and other pretrial matters, and,
3. you menst appear at the dismissal docket at the date and time shown above for your motion to retain to be heard, for a pretrial order to be entered and for the case to be set for trial.
The court coordinator will not reset any dismissal docket cases by telephone. If you do not appear at the call of the dismissal docket to obtain a ruling on a motion to retain and obtain a trial setting for the case then the case will be dismissed for want of prosecution. This is the only notice you will recieve regarding this setting
Does anyone have any idea where I could get the forms?
  #4  
Old 03-24-2006, 04:28 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by P_Mills
I found the notice they sent me
The case as described above has been placed on the dismissal docket. The dismissal docket will be called at 9:00 am on 3/31/06, in the county court at law #1, courthouse annex.
If you want you case to remain on the docket you must:
1. File a sworn Motion to Retain setting forth good cause for the case to be maintained on the docket;
2. File a proposed pretrial order setting deadlines for the joining of new parties, completion of discovery, filing of all pleading, the making of a response or supplemental response to discovery and other pretrial matters, and,
3. you menst appear at the dismissal docket at the date and time shown above for your motion to retain to be heard, for a pretrial order to be entered and for the case to be set for trial.
The court coordinator will not reset any dismissal docket cases by telephone. If you do not appear at the call of the dismissal docket to obtain a ruling on a motion to retain and obtain a trial setting for the case then the case will be dismissed for want of prosecution. This is the only notice you will recieve regarding this setting
Does anyone have any idea where I could get the forms?

Go to the courthouse and start looking through the dissolution cases for similar forms.
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(1) Never tell everything you know.
  #5  
Old 03-24-2006, 04:35 PM
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Join Date: Feb 2005
Posts: 1,437
Quote:
Originally Posted by P_Mills
I found the notice they sent me
The case as described above has been placed on the dismissal docket. The dismissal docket will be called at 9:00 am on 3/31/06, in the county court at law #1, courthouse annex.
If you want you case to remain on the docket you must:
1. File a sworn Motion to Retain setting forth good cause for the case to be maintained on the docket;
2. File a proposed pretrial order setting deadlines for the joining of new parties, completion of discovery, filing of all pleading, the making of a response or supplemental response to discovery and other pretrial matters, and,
3. you menst appear at the dismissal docket at the date and time shown above for your motion to retain to be heard, for a pretrial order to be entered and for the case to be set for trial.
The court coordinator will not reset any dismissal docket cases by telephone. If you do not appear at the call of the dismissal docket to obtain a ruling on a motion to retain and obtain a trial setting for the case then the case will be dismissed for want of prosecution. This is the only notice you will recieve regarding this setting
Does anyone have any idea where I could get the forms?
Do you need forms, it seems to be you just need to appear?
You get to be heard.
Request it not be dismissed based on the serving timeframe.
  #6  
Old 03-24-2006, 04:39 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by bononos
Do you need forms, it seems to be you just need to appear?
You get to be heard.
Request it not be dismissed based on the serving timeframe.
Something must be filed...read what the court said.
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(1) Never tell everything you know.
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