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Rule 460. Notice of Motion


Upon the filing of such motion with the clerk, he shall send a certified copy thereof by registered mail to the opposing party or his attorney of record. The motion may be heard at any time after five days from the date of such notice.

Source: New Rule, substituted for Arts. 1878-1880.

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


Sept. 20, 1941, eff. Dec. 31, 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Repealed by order of April 10, 1986, eff.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).