Bill of Review 2025

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The document is a comprehensive guide on the legal concept of 'Bill of Review' in Texas, detailing its purpose, procedural requirements, and elements necessary for filing. It explains the distinction between typical and atypical bills of review, the necessity of demonstrating a meritorious defense, and the implications of extrinsic fraud. The document also covers due diligence requirements, equitable defenses such as laches and estoppel, and the procedures involved in filing a bill of review. Additionally, it discusses the potential for summary judgment in these cases and outlines post-judgment considerations including res judicata and attorney's fees.

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What is a bill of review in Texas probate?

In Texas, a bill of review is a legal procedure that may be available to challenge a final judgment or order in certain limited circumstances where the time for appeal has passed.

What is the meaning of bill of Review?

If the bill of review petitioner is successful, the judgment is set aside, and the parties revert to their original status as plaintiff and defendant with the burden on the original plaintiff to prove his or her case.

What is the legal definition of a review?

Review is the judicial consideration of a lower court judgment by an appellate court , determining if the lower courts opinion is based on legal errors , or in some cases serious factual errors, sufficient to require reversal . If not, the appellate court will affirm the ruling.

What is a bill of review petition in Texas?

A Bill of Review may be filed within four years of the time that a party finds or should have found proof of evidence creating grounds for such a proceeding. A bill of review is perceived to be an extraordinary remedy. A bill of review is granted under exceptional circumstances.