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Rule 409. Notice on Motion


The clerk, upon filing and docketing a motion other than one for rehearing in any cause, shall, unless waived, give notice to the opposite party or his attorneys of record, by transmitting a brief notice of the nature or purpose of such motion to said party or his attorneys in the manner provided in Rule 411, and no such motion shall be heard or determined until ten days after such notice has been mailed. The ten days' notice requirement may be disregarded by the court in cases of emergency.

Source: Texas Rule 15a (for Courts of Civil Appeals).

Change: Adding authorization to court to shorten period before hearing where deemed advisable.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.


(No. 41) Question: Should notice of a motion to certify a question to the Supreme Court under Rule 465 be given to the opposite party by registered mail (Rules 409 and 411) or by postal card under Rule 460?

Answer: Notice of the motion to cer­tify, unless waived, should be given by registered mail. Rule 460 providing for a postal card notice applies only to a motion for rehearing.

5 Tex. B.J. 171 (1942) reprinted in 8 Tex. B.J. 17 (1945).