Gammel's Rules of the Courts of Texas Page: 20 of 70
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TEXAS COURT RULES.
ments of Article 1610 (1016), Revised Statutes of Texas. Such
motion shall not be submitted sooner than ten days after being filed,
and the appellee or defendant in error may be heard on the motion
to dismiss the certificate, or on a motion to file a transcript of the
record, or on a motion to set aside the judgment rendered, as in other
cases of rehearing.
12. Motions made to postpone the case to a future day, or to continue
it until the next term, unless consented to by the opposite party,
shall be supported by sufficient cause, verified by affidavit, unless
such sufficient cause is apparent to the court.
13. The motion docket shall be called on the day of each week
next before the day set apart for the submission of causes, when the
motions filed and docketed according to the preceding rules will be
in order for submission at the instance of either party; and if not
submitted then, may be submitted at the regular call of the trial
docket, unless sooner called up and disposed of.
14. The arguments of counsel upon all motions shall be confined
to a brief explanation of the grounds in the motion,.so as to make
them intelligible to the court, with a reference to the statutes and
decisions relating thereto, unless further argument is requested by the
15. The clerk, upon filing and docketing a motion, will indorse
upon the motion its number and the number of the case to which
it belongs, which shall also be entered in the motion docket, together
with the attorney's name who makes the motion. Any opposition
in the way of answer to said motions by the opposite party may be
filed, and in like manner indorsed and noted in the motion docket.
and the name of the attorney therein entered.
15a. The clerk, upon filing and docketing a motion other than one
for rehearing, in any cause, shall give notice to the opposite party,
or his attorneys of records, by transmitting a brief notice of the
nature or purpose of such motion to said party or his attorneys, in
the manner provided in Article 1615 (1020) of the Revised Statutes
of Texas, and no such motion shall be heard or determined until ten
days after said notice has been mailed.
See, authorities under above Rules 1-7b.
(1) Rule 8-Motions Relating to Informalities, Etc. Held, waived
when not filed within the thirty days. Neville vs. Miller, 171 S. W. R.,
1109. Held, under this rule objections to bills of exceptions because not
filed in time, to be available to appellee, must have been presented by a
motion to the appellate court filed and docketed within thirty days after
the transcript was filed. Tyler vs. Sowders, 172 S. W. R.. 205; Conn et
al. vs. Houston Oil Co., 171 S. W. R., 520; Tompkins et al. vs. Pendleton,
160 S. W. R., 290; Crawford vs. Wellington Ry. Co., 174 S. W. R., 1004;
Freeman vs. Walker
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/20/: accessed August 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .