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Chapter 8

Form 8-72

Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Retain Case on Docket

This Motion to Retain Case on Docket is brought by [name of movant], [party designa­tion], who shows in support:

1.This case was set for trial for the week of [date] but was passed.

The following paragraphs are examples.

2.[Name of movant] has requested [describe discovery, etc.], which has not been produced. [Name of movant] intends to prosecute this action and is asserting a good-faith effort toward that end, and to dismiss this case would prejudice [him/her].

Or

2.The parties are attempting reconciliation of their marriage and should be given time to determine whether a reconciliation takes place. If reconciliation is not possible, [name of movant] intends to prosecute this action, and to dismiss this case would prejudice [him/her].

Continue with the following.

[Name of movant] prays that this case be retained on the Court’s docket and that it remain active and pending.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Add verification if required.

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]