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Has anyone dealt with JPs who refuse to sign a motion to dismiss a case? I'm currently being told our office WILL go to a jury trial next week, even though we sent over a motion to dismiss.
 
Posts: 26 | Registered: December 05, 2016Reply With QuoteReport This Post
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There's a thread someplace on here that deals with the issue, but I think IIRC the consensus is if the court doesn't want to sign a dismissal then you present no evidence at trial and just rest. Heck, it's an even better deal for the defendant that way I suppose.
 
Posts: 192 | Location: Huntsville, TX | Registered: June 12, 2012Reply With QuoteReport This Post
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Judicial approval is required for a motion to dismiss, so if the judge refuses to dismiss, then you're stuck. As Jon said, you can stand and rest, or you can go ahead and present whatever case you have.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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