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(a) A court must grant a new trial when it has found a meritorious ground for new trial, but a court must grant only a new trial on punishment when it has found a ground that affected only the assessment of punishment.
The Rules of the Small Claims Court have deadlines for filing and serving different types of possible evidence. To ask for a trial date, file a Request to Clerk (Form 9B) and pay the required fee at least 30 days after your settlement conference.
A trial consists of jury selection, known as voir dire, opening statements, examination of witnesses and presentation of evidence, jury instructions, and closing arguments. The judge or jury will then render a verdict of guilty, known as a conviction, or not guilty, known as an acquittal.
In Texas, there are four federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below. Click a link for information about that court type.
During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty.
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Before applying for Trial dates, a Trial Readiness Form (TRF) must be completed by each side (called either Party or a Litigant) in the Court action. The TRF requires each Party to provide various types of information, including the issues to be determined at trial, and each Partys witness list.
Rule 503.3(b) states that a party may file a motion requesting that the trial be postponed and that the motion must state the reason why it is necessary. The court may also postpone the trial on its own motion.
To have your case go to trial, you need to ask for or have the judge give you a date for the trial (called setting the case for trial). Each court has its own process for how you need to set a case for trial. Many courts have you prepare a local form, serve it, and file it to have a court date set.

sample template motion for trial setting in texas