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The document titled 'A Practical Guide to the Equitable Bill of Review' by Patrick J. Dyer provides an in-depth analysis of the bill of review process in Texas law. It explains that a bill of review is an equitable action used to set aside a judgment that is no longer appealable or subject to a motion for new trial. The article outlines the general elements required for a successful bill of review, including the need for a meritorious defense, proof of being prevented from making that defense due to fraud, accident, or official mistake, and lack of fault or negligence on the petitioner's part. It also discusses various procedural settings for filing a bill of review, relevant case law, and practical steps attorneys should take when pursuing this remedy.

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Can you appeal a Texas Supreme Court decision?

Texas law gives the Supreme Court limited power to decide cases. For example, the court does not have the power to decide criminal cases, and generally cannot decide appeals before a trial court enters a final judgment.

What is required of the parties to the appeal of a petition for review is granted by the Texas Supreme Court?

It takes four votes of the justices for a petition to be granted.

What are the rules for filing review petition?

Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.

bill of review texas

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What happens in review petition?

The review petition is a petition in which it is prayed before the Court of law to review its order or judgement which it has already pronounced. The Court may accept a review petition when a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.

How long do I have to file a motion for new trial in Texas?

In Texas, a motion for new trial is generally due thirty days after the trial court judge signed the final judgment. See Texas Rule of Civil Procedure 329b(a).

How long do you have to file a bill of review in Texas?

Generally, the deadline to file a bill of review in the trial court is four years after the trial court judge signed the final judgment.

What is Rule 239a Texas Civil Procedures?

Rule 239a of the Texas Rules of Civil Procedure requires a party who obtains a default judgment to certify the defendant's \u201clast known mailing address\u201d to the clerk of the court, who then mails written notice of the default judgment to that address.

What is a bill of review Texas?

A bill of review is \u201ca bill in equity requesting that a court reverse or revise a prior decree.\u201d (Black's Law Dictionary, 11th ed.)

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