Form 19-10

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Permit Additional Testimony

This Motion to Permit Additional Testimony is brought by [name of movant], [party designation], pursuant to Texas Rule of Civil Procedure 270. In support, [name of movant] shows:

1.An evidentiary proceeding was conducted on [date] in this cause addressing issues regarding [description of issue[s]].

2.The presentation of additional evidence is necessary to the due administration of justice.

3.The trial court’s imposition of time constraints on [name of movant]’s presentation of evidence during the proceeding substantially limited [name of movant]’s ability to ade­quately present evidence regarding the following issue[s]: [description of issue[s]]. [Include if applicable: The new or additional evidence [conclusively rebuts evidence presented by [name of opposing party] on the issue[s] of [description of issue[s]]] [and/or] [will substantially impact the trial court’s [ruling/rendition] on the issue[s] of [description of issue[s]]]].

4.[Name of movant] used due diligence in advance of the proceeding to obtain evi­dence regarding [description of issue[s]] but was unable to do so because [description of rea­son[s]]. [Name of movant] has now obtained the evidence relevant to the issue[s] of [description of issue[s]], which is not merely cumulative of evidence offered at the proceed­ing. [Include if applicable: The new or additional evidence [conclusively rebuts evidence pre­sented by [name of opposing party] on the issue[s] of [description of issue[s]]] [and/or] [will substantially impact the trial court’s [ruling/rendition] on the issue[s] of [description of issue[s]]]].

5.Additional evidence that is decisive as to the issue[s] of [description of issue[s]] has been discovered after the conclusion of the proceeding. This evidence was not previously available to [name of movant]. [Include if applicable: The new or additional evidence [conclu­sively rebuts evidence presented by [name of opposing party] on the issue[s] of [description of issue[s]]] [and/or] [will substantially impact the trial court’s [ruling/rendition] on the issue[s] of [description of issue[s]]]].

6.After the proceeding, incidents or events have occurred that are relevant to the issue[s] of [description of issue[s]]. It is necessary for the court to hear evidence regarding these matters prior to any [final] ruling. [Include if applicable: The new or additional evidence [conclusively rebuts evidence presented by [name of opposing party] on the issue[s] of [description of issue[s]]] [and/or] [will substantially impact the trial court’s [ruling/rendition] on the issue[s] of [description of issue[s]]]].

7.Reopening the evidence will not cause undue delay or injustice.

8.The Court maintains its authority over these proceedings, pending [ruling/rendi­tion of judgment] and during the period of its plenary power. Further, the Court has the abso­lute right to reconsider its own rulings. [Name of movant] requests this Court to reopen the evidence [and to consider new evidence that has developed since the proceeding] as necessary for the administration of justice [and in the best interest of the child[ren] the subject of this suit].

9.[Name of movant] attaches the affidavit[s] of [name[s] of affiant[s]], which sum­marily [identifies/identify] the [additional/new] evidence that should be heard and considered. [Name of movant] incorporates the affidavit[s] by reference as if recited herein.

[Name of movant] requests the Court to permit additional evidence and for such other relief to which [he/she] may be entitled.

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