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Category Archives: Motions

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What a Legal-Writing Professor Wishes He’d Known as a New Lawyer

Posted in Appellate Practice, Briefs, Motions

In this month’s Austin Lawyer, UT Law Professor Wayne Schiess published a short piece (also available here) pointing out four things he wishes he’d known about legal writing when he finished law school. I was struck by his first three points. Law Is a Writing Profession Professor Schiess posits that lawyers are professional writers rather… Continue Reading

What Notice Is Required When a Summary-Judgment Hearing Is Re-set?

Posted in Appellate Practice, Courts of Appeals, Motions, Procedure

Texas litigators are generally familiar with the TRCP 166a requirement that a motion for summary judgment be served at least 21 days before the date specified for a hearing. But what notice is required when the hearing does not go forward on the originally noticed date? If the nonmovant received the required 21-day notice before… Continue Reading

Ethical Lapses in Motions for Rehearing

Posted in Appellate Practice, Motions, Rehearing

Here is the second video from the "ethics intervention" presentation at the Advanced Appellate Seminar recently put on by the State Bar Appellate Section and TexasBarCLE,  Houston appellate lawyer David Holman once again demonstrates some things counsel should not do, this time in the context of preparing and filing a motion for rehearing in the… Continue Reading

The Adaptable (Appellate) Lawyer

Posted in Appellate Practice, Briefs, Motions, Procedure, Technology

I recently attended the 2011 State Bar of Texas Annual Meeting in San Antonio.  As mentioned here before, the Bar asked me to come back as a presenter this year.  It was quite an honor. My subject was e-filing in state and federal appellate courts.  In conjunction with my talk, I published a short article in… Continue Reading

Extensions of Time in the Fifth Circuit

Posted in Briefs, Fifth Circuit, Motions

Let’s be honest. Most state-court appellate practitioners find the Fifth Circuit a little byzantine. But one thing the Fifth Circuit does right is allow the clerk’s office to grant short unopposed briefing extensions—up to 30 days—over the telephone. The circuit court has even done away with the requirement that the requesting counsel send a confirmation… Continue Reading

Texas Supreme Court Orders 9/21/07

Posted in Motions, Oral Argument, Supreme Court Orders

The Texas Supreme Court issued no opinions with today’s orders.  Interestingly, the Court denied the motion to recuse filed in In re Columbia Medical Center, Subsidiary, L.P. (No. 06-0416) (previously discussed here and  here), which reportedly had been set for oral argument with the mandamus petition next Thursday. UPDATE: The Court’s spokesman, Osler McCarthy, has confirmed… Continue Reading

Interesting Recusal Motion in Supreme Court

Posted in Motions, News & Politics

Appellate geeks like me are already interested in In re Columbia Medical Center, Subsidiary, L.P.  (No. 06-0416), a case in which the Texas Supreme Court will re-examine whether a trial court’s decision to grant a new trial is reviewable by mandamus.  (Oral argument is set for September 27.)  But the real parties in interest have… Continue Reading