Bills of Review in Texas
Get Help from a Houston Family Law Attorney
A Bill of Review is a way of securing a new trial after your initial trial has ended and a judgement against you has been issued. If you’re not satisfied with the result, a Bill of Review may be a way you can secure a “do-over” and you can hopefully receive the result you’re looking for.
A bill of review may sound similar to a motion for a new trial, however there are some key differences:
- A bill of review may be filed anytime between four months to four years from the day a judgement is signed in court (with one limited exception)
- A bill of review case is usually significantly harder to win
If you’re unhappy with the result of your trial, the Houston family law attorneys at the Law Office of Bryan Fagan, PLLC may be able to help you determine if pursuing a bill of review case is the right decision for you. Our attorneys have considerable experience with the divorce appeals process, including with bills of review and motion for a new trial cases. We take your best interests seriously, and we always provide our counsel with your goals in mind and tailor our advice to help you receive the outcome you’re looking for. We’re extremely proud of our reputation for excellence, and we aren’t afraid to pursue all available options to help you find success.
Call the Law Office of Bryan Fagan, PLLC today at (281) 810-9760 for a free initial consultation about your case and learn more about the bill of review process.
How to Get a Bill of Review Granted
Texas law clearly states what things are needed in order to win a bill of review hearing. Essentially, you need a valid defense for the action alleged against you, valid grounds for a new trial, or a valid defense arguing that you were unable to respond to a summons against you due to causes that included no negligent action on your behalf. A bill of review can also be requested if dishonesty or fraudulent action on behalf of the other party caused you to make your mistake—for example, if your spouse lies to you about the proposed court date, and you fail to show up in court because of it, then you may be able to get a bill of review granted.
The most common way of getting a bill of review granted is through a mistake made by an officer of the court during their duty. Court clerks often have a tremendous amount of work to do, including sending notices and other important documents to the right persons at the right time. A simple mistake in this regard could lead to serious consequences in your case, and thus give you grounds for petitioning for a bill of review.
As stated, these cases are not easy to win. Public policy in the state of Texas is set up to allow final judgements to be exactly that: final. Overturning them is not easy, but with the appropriate grounds and proper representation from a skilled attorney, you may be able to have yours granted.
Get started with your case by contacting the Law Office of Bryan Fagan, PLLC online now!