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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 Reinstate Case on Docket
This Motion to Reinstate Case on Docket is brought by [name of movant], [party designation], who shows in support:
1.This case was dismissed by an order signed on [date].
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 [state facts that support this allegation or state other reasonable explanation for failure].
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If motion to reinstate cannot be filed within thirty days after the dismissal order was signed, because neither petitioner nor his attorney had notice of dismissal, include the following two paragraphs. |
3.Neither [name of attorney] nor [name of party] received mailed or actual notice of the Order of Dismissal within twenty days after the signing of the order, but, rather, notice of the Order of Dismissal was received on [date], [number] days after the signing of the order, in the following manner: [specify].
4.Attached to this motion is the affidavit of [name of affiant] showing [he/she] received neither actual nor mailed notice of the signing of the Order of Dismissal within twenty days after the signing of the order.
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Continue with the following. |
[Name of movant] requests that this Court enter its order reinstating [name of movant]’s action.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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An unsworn declaration may be used in place of an affidavit. See form 8-27. |
Affidavit
[Name] appeared in person before me today and stated under oath that [he/she] is above the age of eighteen years and is fully competent to make this affidavit; that [he/she] is the attorney for [name of movant] in this case and, as such, has authority to make this affidavit; that [he/she] has read the above Motion to Reinstate Case on Docket; and that every statement contained in it is within [his/her] personal knowledge and is true and correct.
Affiant
SIGNED under oath before me on ___________________________________.
Notary Public, State of Texas
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]