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Motion for a New Trial in Texas

File With Confidence With Help from a Houston Family Law Lawyer

When one party wishes to file a lawsuit against another, they are required to serve adequate notice to the other party and obtain acknowledgement that the notice has been served. Once this notice has been served, the served party then has a limited amount of time to respond. If they take no action or make no attempt to respond, then the lawsuit will be decided with what is known as a “default judgement.” However, because courts are error prone and human nature isn’t perfect, sometimes a defendant in one of these cases may not be able to respond to a lawsuit properly or they are not served adequate notice and aren’t aware of the suit against them.

In family law, default judgements are often entered after one party fails to respond to notice against them. However, if you were never served proper notice or another error has affected the outcome of your case and led to a default judgement against you, you may be able to take action by filing a motion for a new trial.

At the Law Office of Bryan Fagan, we have seen mistakes made in divorce cases, and we know how to handle getting them rectified in a way that’s both efficient and effective at pursuing the best possible outcome. We have years of experience working in family law, and through that experience we know the complexities family law cases can entail. When you trust your case to us, you can have the confidence of knowing that the Houston family lawyer assisting you has your best interests at heart and is prepared to provide you with reputable counsel and representation for whatever the issue you might be having.

Call the Law Office of Bryan Fagan today at (281) 810-9760 and request a complementary case evaluation!

When Can You File a Motion for a New Trial?

If you don’t agree with the verdict in a family law case or believe that the final judgement was one made in error, you may be able to take action to stop the judgement before it’s entered and becomes much more difficult to overturn. There are a few ways to do this, and a motion for a new trial is generally the way to go if a default judgement has been issued against. Should your motion be accepted, you’ll get a fresh start in your trial within 30 days from the day the initial judgement was signed.

However, just because you’ve filed a motion for a new trial doesn’t mean your new trial will automatically be granted. You have to have a good reason for filing one of these motions, including evidence of exactly where the error that resulted in the default judgement against you occurred. Filing a motion for a new trial without proper evidence or a good reason is considered superfluous, and it’s not uncommon for these motions to be outright dismissed, with the filing spouse being ordered to pay court and attorney fees on behalf of the other spouse who was forced to respond to the motion.

Don’t file your request for a new trial without first speaking with a skilled attorney from the Law Office of Bryan Fagan. Contact us today!

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