Can I be served on the 25th for a hearing set for the 26?
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Can I be served on the 25th for a hearing set for the 26?
From my understanding I am entitled to a 10 day notice. This is a civil case for a review I posted online.
Asked on June 24, 2015 under General Practice, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The answer is yes, you can be served on the 25th for a hearing on the 26th... but you would also have the right to ask for a continuance due to insufficient time to prepare. In Texas, a 10 day notice is presumptively reasonable for some hearings. Others, three days is reasonable. For a final hearing, 45 days notice is required in civil courts. If you were served with notice, you really do need to request a continuance and object to the hearing going forward due to the insufficient notice. Also throw in that it's a violation of your due process rights to fail to give you sufficient time to prepare.
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