Palacios Beacon (Palacios, Tex.), Vol. 85, No. 26, Ed. 1 Wednesday, June 24, 1992 Page: 2 of 14
fourteen pages : ill. ; page 22 x 16 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
*
mil® Mi ilUll
Information On Laws Affecting The Public
Procedure for Civil Suit: Part II
The Plaintiff will also be required to fill out a form pleading so
that the file will show what the lawsuit is all about. The Plaintiff
must request the remedy or result he wants the Court to give. This
is usually a judgement for money.
Neither the Judge nor the Clerks arc allowed to fill out any
forms for cither party, to include pleadings, application, or mo-
tions, except for Court Orders.
If the Plaintiff wants to recover specific property, he must plead
and prove his right to do so. If the Plaintiff wants the property
seized prior to trial, he must be prepared to present the court a
properly prepared request for a writ of sequestration. The Clerk
cannot fill out this request.
If the Plaintiff has sold the Defendant some item of personal
property and has legally retained a valid lien, the Plaintiff may re-
quest the foreclosure of the lien and sale of the property to collect
the amount remaining due. In this case, the Plaintiff must request
the foreclosure of the lien in the pleadings. If the Plaintiff has not
retained an enforceable lien, the Plaintiff will usually only be
entitled to a judgement for money damages and may have no rights
against the property.
After being served with the citation, the Defendant will be given
the opportunity to answer with his version of the dispute. The
Defendant may admit or deny the claim and may be requested to
make his response in writing so that the file will reflect his version
and the Plaintiff will have adequate notice of the reason the
Defendant disputes the claim.
If the Defendant has a claim against the Plaintiff, the Defendant
can present that claim in the same case, but he must bring it to the
attention of the Court by filling out the pleading form and paying
his court costs.
If the Defendant answers, the Court will set the case in order
and notify the parties of the time and place for trial. If the Defen-
dant does not answer, the Court will only notify the Plaintiff of
the time and date to present his case.
Either party may demand a jury by paying the jury fee prior to
the trial date, if a jury is not demanded, the case will be heard by
the Judge.
The evidence that is presented must be legally admissible.
Hearsay evidence is something another person, other than the
adverse party, has said or written about the case and is not gener-
ally admissible. Examples of inadmissible hearsay are statements
or affidavits of witnesses who arc not present at trial.
If there are any documents or instruments that are relevant to
the case, they should be brought to trial. This would include
leases, contracts and other documents that establish the legal re-
lationship between the parties.
If you cannot encourage a witness to attend trial voluntarily,
you may obtain a subpoena and the Court will require the witness
to attend. A subpoena must be requested from the Court and the
fee paid in advance. This should be done at least five days before
the trial and die correct address and location of the witness must be
furnished.
Cases will not be continued or put off except for good cause,
determined by the judge. Not having the correct evidence or a
witness on the trial date is generally not good cause. If you know
you will not be ready for trial, you should request a continuance at
least five days in advance of the scheduled trial date.
Both parties should be ready to present their cases and all their
evidence and witnesses at the time and date of trial. The judge is
not going to call anyone on the telephone, go look at anything or
take the word of a party or witness that someone else who is not at
the trial knows something.
If cither party fails to show up at the scheduled time, date and
place, the Court will usually hear the party who is present and en-
ter a judgement against the absent party.
The Plaintiff presents his case first. When the Plaintiff has
completed presentation of his case, the Court will decide if it is
sufficient to require the Defendant to respond. If the Plaintiff does
not present a sufficient case, by presenting evidence of all the facts
necessary to win, the Court will grant judgement for the
Defendant.
If the Plaintiff does present a sufficient case, the Court will
allow the Defendant to present evidence why the Plaintiff should
not allow the Defendant to present evidence why the Plaintiff
should not receive judgement. If the Defendant has filed a claim
against the Plaintiff, he will be allowed to present his case at this
time.
After both parties have presented their case, the Judge will
render his decision. In some cases where there may be a question
of the correct law, the Judge may take the case under advisement
and notify the parties of his decision after having time to determine
the correct law.
The Court may award court costs against the losing party or
may require both parties to pay their own costs. The Court may
award reasonable attorney’s fees to an attorney who has repre-
sented the winning party.
The Court docs not collect judgements for the winning party. A
party who wins a money judgement will be given an information
sheet that outlines the procedure to attempt to collect a judgement.
LCRA Board to
meet June 24-25
in El Campo
The Lower Colorado River
Authority’s Board of Directors
will hold its June meeting in El
Campo.
The meeting will be Wednes-
day and Thursday (June 24-25)
at the El Campo Civic Center.
The 15-mcmbcr board gener-
ally meets monthly at the
LCRA’s Austin headquarters,
but once a year meets at another
location in its service area, which
covers more than 50 counties.
This gives the board and staff a
chance to visit various areas in
LCRA’s jurisdiction and gives
citizens of those areas an oppor-
tunity to observe the board
meeting process firsthand.
During their El Campo stay,
board members plan to tour area
rice-growing operations and par-
ticipate in the dedication of
Riverfront Park in Wharton
At GTE, our residential repair service is
so good, we’re willing to guarantee it.
From now on, if we don't have your phone
line fixed by the time we promise, we’ll give
you credit for one full month's local service
charges' Even 11 were only one minute late.
In order to make a guarantee this good,
GTE has invested millions not only in state
of the art telecommunications, hut also in our
people. And we think both are the best in the
business. So if for some reason, our repair
service doesn’t measure up, please tell us.
Any of our < /11 employees would be
more than happy to honor this guarantee.
It only takes about a minute.
• T his credit covers local phone charges, monthly charges and any addilionql charges for Smut it all, Set vices, unlisted numbers and cxlra directory listings
THE POWER ISON
A Scars Craftsman lawn-
mower, valued at $500, was rc-
porlcd stolen from a residence in
the 500 block of Rorcm on June
11.
A window was broken out of
1084 l ord Bronco 11 on June lb
in the 300 block of Welch. A Pi-
oneer cassette player and radio,
valued at $200, and a Cobra
radar detector, valued ai $90,
were reported stolen.
An Evergreen stereo cassette
player, valued at $70, and a Pio-
neer equalizer, valued ai $50,
were reported stolen from a 1980
l ord in the 400 block of 8th
Street on June 16.
Jessie Ramos, 32 of ihc 800
block of Humphrey, was ar-
rested ai 5:07 a.m. June 18 in the
400 block of Commerce and
charged with public intoxication.
Cuong Ngoc Nguyen, 21 of
Silver Springs, Maryland, was
arrested at 12:01 a.m. June 18 in
the 9(X) block of 1st and charged
with driving without a driver's
license.
Jonathan Wesley Casey, 34
of the 700 block of 5th Sired,
was arrested at 5:51 a.m. June
17 in ihc 700 block of 5th and
charged with probation violation.
A Transact card was reported
slolcn from a vehicle near the
Baptist Encampment between
June 16-17. Four other vehicles
in the area were also reportedly
ransacked hut no items were rc-
ported missing.
The theft of a pack of
Cigarettes, a pack of gum and a
pecan pic, total value $3.44 in-
cluding lax, was reported June
16 at Elizabeth's Cafe in the 8(X)
block of Henderson.
Police investigated a small lire
which was reported in the lobby
restroom of Wagner General
Hospital on June 14.
A man reportedly walked out
of the Point Drive In in the 6(X)
block of 1st with a 12-pack of
beer, valued at $9.12, without
paying. The incident occurred
June 15.
Chrome hubcaps, valued at
$169 each, were reported stolen
off a vehicle June 10.
A Realistic VCR player, val-
ued at $160, and a $90 Nintendo
game, were reported missing
June 10 from the First United
Methodist Church.
A service station in the 1100
block of Henderson reported that
a driver left in a 1976 Chevy van
without paying for $20 worth of
gas on June 14.
A stereo and CD player, val-
ued at $950, and an amplifier
valued at $450, were reported
stolen from a 1990 Pontiac in the
400 block of Trcs Palacios on
June 15.
If we re even this late,
your next phone bill i.yon us.
Attention ATM Customers
For your convenience....
We Now Accept Cirrus
And Cash Advance on:
VISA
24 Hour Banking
The City State Bank
of Palacios
459 Main • 972-2585
Member FDIC
FAX
SERVICE
SEND:
$3 First Page
$1 Each Additional Page
RECEIVE:
$2 First Page
$1 Each Additional Page
(Add 50e Per Page for l.egal Size)
f Palacios
JlBeacon
453 Commerce 972-2610
SB
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
West, Nicholas M. Palacios Beacon (Palacios, Tex.), Vol. 85, No. 26, Ed. 1 Wednesday, June 24, 1992, newspaper, June 24, 1992; Palacios, Texas. (https://texashistory.unt.edu/ark:/67531/metapth725530/m1/2/: accessed July 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Palacios Library.