Houston, TX asked in Civil Litigation for Texas

Q: Good afternoon, Your exhibit has been added to your case. File a proper motion with the court to be sent to the Judge.

I sent some documentation to the Clerks office for my Lawsuit and then I received a response back from them. She sent me this but Im not clear as to what a "PROPER MOTION" is. Does that mean that I need to write a letter to my Judges Court, explain what Im dealing with then request for them to give it to the Judge? If not, what do i do please/

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Ordinarily, exhibits are either attached to a motion to provide evidentiary support for a factual allegation made in the motion, or introduced as evidence at trial or in a live evidentiary hearing.

Without the context of a motion, hearing, or trial, the judge has no way of determining the relevance of the exhibit to a matter to be determined in your case.

If the exhibit pertains to some pre trial matter which you would like the judge to determine, you need to file a proper motion according to the applicable rules of procedure describing what relief you want the court to grant, citing the specific rule or legal authority allowing the court to grant the requested relief, and attaching whatever exhibits or other evidence is relevant to support the factual allegations necessary for the court to determine whether to grant the requested relief.

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