QUESTION
How do I base and file a motion to dismiss a citation?
Asked on Dec 20th, 2023 on Litigation - Texas
More details to this question:
On 10/24/23 a citation was issued with an order to appear or file plea, on or before, the date of 11/23/23. I filed via certified mail, postmarked 11/21/23. On 11/28/23 the county clerk contacted me saying the citation was not even in the system. On 11/29/23 the issuing officer contacted me stating that he needed to reissue the citation, which I received 12/5/23. The reissued citation is dated as having been issued 11/22/23, two days prior to the original citation. Is this grounds to file for dismissal and if so, what would be the basis? Perjury, Texas penal code 37.02? Aggravated Perjury, Texas penal code 37.03? Spoliation of evidence, Texas penal code 37.09?
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Reid Dennis & Frick, PC
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Since you already filed an answer, I don't think that there is anything you need to do at all about the reissued citation.An error in the date would not constitute grounds to quash (which is what I assume you mean by "dismiss") a citation and would not be grounds for perjury, aggravated perjury, or spoliation of evidence. The citation is simply the legal notice prepared by the clerk of the court telling the defendant that a lawsuit has been filed against them and letting you know when you are required to file your written answer to the lawsuit.
Answered on Dec 22nd, 2023 at 1:47 PM