If you’re dissatisfied with the outcome of a civil case in Texas, understanding your options for challenging the decision is crucial. One key remedy in Texas family law is the “bill of review.” This legal tool allows individuals to seek a new trial or overturn an existing judgment under certain circumstances. While the most commonly used method to address an unfavorable verdict is to file a motion for a new trial, especially after a default judgment, a bill of review provides an additional avenue to correct or challenge decisions made in family law cases.
A motion for a new trial is typically preferred when you want to address errors or present new evidence shortly after the judgment. Texas courts generally favor reconsidering cases where default judgments were rendered against absent parties, provided the motion is filed within thirty days of the judgment.
Alternatively, a bill of review serves as an equitable post-trial remedy, allowing you to seek a new trial or overturn a judgment up to four years after it is signed. This option remains available even after four years if you can prove that fraud significantly influenced the original judgment. For example, if deceit from the opposing party led you to miss the trial or fail to respond properly, you can use a bill of review to address these issues and potentially rectify the outcome.
How to Win a Bill of Review Motion
To succeed in a Bill of Review motion, you must meet a set standard defined by Texas law. While the exact criteria are comparable to those required for a Motion for New Trial, they include:
First, having a meritorious defense or a valid basis for a new trial or appeal.
Secondly, being hindered from asserting this defense or claim due to fraud, accident, or the opposing party’s wrongful acts or an official mistake.
Third, demonstrating that your situation was not influenced by your own fault or negligence.
Note that your failure to present your case in the initial trial must be entirely attributable to external factors. Indeed, your own actions must not cause it.
Winning a Bill of Review petition is certainly a complex endeavor. Moreover, Texas adheres to a policy favoring final judgments to maintain judicial stability. Thus, allowing every decision to be easily appealed or overturned would disrupt the legal system and society.
What “Official Mistake” Means
Regarding the concept of an “official mistake,” it typically pertains to errors made by court officers, often the court clerk. A clerk is responsible for notifying parties of any court orders related to a case. However, they may not provide updates on case status. Relying solely on a clerk to keep you informed about your case’s status is not advisable.
In Texas, county and district clerks automatically send updates on cases before trial. Specifically, they inform parties of recently filed documents and signed orders. They do this to meet the essential requirement of keeping parties informed about orders eligible for appeal. However, clerical mistakes can occur. Naturally, a bill of review may be the only remedy available if a court clerk’s error harms a party.
Fraud by the opposing party and official mistakes are the most common grounds for filing a bill of review in Texas family law cases. In our next article, we will explore a Houston-area family law case. The case especially involves a statement of thought filed in response to a judgment in that case.
Conclusion
In summary, seeking a “bill of review” in Texas family law can be a crucial step if you’re dissatisfied with a judgment. This legal remedy allows you to challenge and potentially overturn an unfavorable decision, whether it stems from a default judgment or new evidence of fraud. By understanding both the motion for a new trial and the bill of review process, you can better navigate your options and work towards a fair resolution. This knowledge equips you with the tools needed to address and correct any unjust outcomes in your family law case effectively.
Questions on Bill of Reviews? Contact the Law Office of Bryan Fagan
If you require guidance on filing a bill of review in your Texas family law case, you may contact the Law Office of Bryan Fagan, PLLC. Our experienced team can provide comprehensive assistance tailored to your specific situation. Moreover, we offer free consultations six days a week and are here to support you throughout the process.
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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
