[TX] How do I include proof of payment in a Motion for New Trial?

Lexi, Chatbot

I understand you're looking to incorporate a payment made to the defendant for attorney's fees into a motion for new trial. Can you please clarify if this payment was court-ordered or part of a settlement agreement?

Lexi, Chatbot

Have you already filed the motion for new trial, or are you in the process of preparing it?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with incorporating the court-ordered payment into your motion for new trial.

Legal Eagle

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Legal Eagle

It is understandable that you wish to include the court-ordered payment of attorney's fees into your Motion for New Trial, especially since such an order can significantly impact the final judgment. In Texas, a Motion for New Trial is governed by Rule 320 of the Texas Rules of Civil Procedure, (Texas Rules of Civil Procedure) which generally allows a party to seek a new trial based on various grounds, including errors by the court, newly discovered evidence, or the verdict being against the great weight and preponderance of the evidence.

When a court issues an order for attorney's fees, such as one related to a Rule 91a Motion to Dismiss, this order becomes part of the judgment. If you are seeking a new trial on the underlying merits of the case, and the attorney's fee award is directly intertwined with the issues decided in the judgment you are challenging, it is appropriate to address it within the Motion for New Trial.

To properly incorporate this payment, you should explain how the court's order regarding attorney's fees, and your subsequent payment, relates to the errors you are asserting in your Motion for New Trial. For instance, if you are arguing that the court erred in granting the Rule 91a motion, then the associated attorney's fee award, which flows directly from that ruling, should be discussed as part of the total relief you are seeking to overturn.

You should specifically reference the court's order that mandated the payment, state the amount paid, and explain how this payment is a direct consequence of the alleged error in the underlying ruling. While a Motion for New Trial primarily focuses on why the judgment itself should be set aside, the court-ordered attorney's fees are an integral part of that judgment, and including them demonstrates the full scope of the financial impact of the court's decision if it is ultimately found to be erroneous.

Legal Eagle

Does that make sense?

Legal Eagle

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