***These forms are not a substitute for legal advice.

***

***These forms are not a substitute for legal advice.***

60¢
By law, no member of the Law Library staff may give any patron legal advice.
Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law
might apply to their particular situation, or assist them in preparing and filling out legal forms of
any kind. Staff can provide patrons legal assistance by directing them to topical print materials,
sections, and subject headings that might be helpful in answering a particular question.

PROCEDURES FOR FILING MOTION FOR NEW TRIAL

**Note: If the Motion for New Trial is denied and you wish to file an appeal, you may get the paperwork
for filing an appeal from the Law Library. Just ask the librarian.

This form packet contains these steps to follow:

1. Motion for New Trial

2. Movant’s Supporting Affidavit
3. Order Setting Hearing Date/Certificate of Service
4. Order on Motion for New Trial

Steps to Follow:

1. Prepare the Motion for New Trial, using the forms as a format to follow deleting that which
does not apply and adding that which does apply. When filling out these forms, you are the
Movant. Use the case number and court number from your original suit. It is perfectly all right
to hand-write the forms.

2. Complete the Movant’s Supporting Affidavit. Sign it in front of a Notary Public. DO

NOT sign the Affidavit UNTIL you are in front of the Notary.

3. Make two additional copies of the Motion and Affidavit to take with you when you file.

4. File the Motion for New Trial along with the Affidavit with the Clerk of the Court in which
the original trial took place. Give the Order Setting Hearing Date to the Clerk and they will
arrange to have a hearing date set for you.

5. You must notify each party in the case no less than three days before the time specified for
the hearing. You may do this by sending a filed copy of the Motion for New Trial and Order
Setting Hearing Date to each other party via certified mail, return receipt requested, or by
personally delivering a copy of the filed Motion and Order Setting Hearing Date to each other
party.

6. Once you have given each other party notice, complete the Certificate of Service form and
file it with the Clerk of the Court in which the original trial took place.

7. Prepare the Order on Motion for New Trial. Make two additional copies of the Order.
Bring it with you when you go to the hearing for the judge to sign.

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 ***These forms are not a substitute for legal advice.***

2018CR1068
Case No. ___________________________
STATE OF TEXAS IN___________________
THE DISTRICT COURT
______________________________, | In the Court
Plaintiff | TH
v. | 187
Collin JUDICIAL
County, Texas DISTRICT
______________________________, |
MICHAEL THOMAS PAUL
Defendant | BEXAR COUNTY, TEXAS

MOTION FOR NEW TRIAL

Michael Thomas Paul
__________________________________ I.[movant’s name],
Michael Thomas Paul, petitioner[Petitioner
_Petitioner__________________ in the above
ORnumbered case moves this Court to set aside the
Respondent],
Nowrendered
judgment comes theagainst
Defendanthimin the
______ above cause
[him/her] and moves 4,
December the2018
Court to [date],
on __________________ grant him
anda grant him herein
New Trial
______
[him/her] a new trial in this cause.
for
Nowthecomes
good and
the sufficient
Defendantreason
in the that
abovethecause
verdict
andisby
contrary to the law
his Attorney, andand the evidence
moves the Courtand a conflict
to grant him aofNew Trial herein fo
the good and sufficient reason that the verdict is contrary
I. to the law and the evidence. Wherefore, Defendant prays the
interest with the trier of fact
Court grant a new trial herein.who should have recused themselves from this issue. Wherefore,
This Motion is presented within the time limits prescribed by the Texas Rules of Civil
Defendant
Procedureprays
for a the Courtfor
Motion grant
Newa new
Trialtrial
andherein.
is requested for good cause.

II.
Under TRAP 21.3, a judge must grant a new trial where the verdict is “contrary to the law and the
[State the facts supporting the above.]
evidence.”
_______________________________________________________________________________
_______________________________________________________________________________
Tex. R. Civ. P. 270 (providing, in pertinent part, “When it clearly appears to be necessary to the due
_______________________________________________________________________________
_______________________________________________________________________________
administration of justice, the court may permit additional evidence to be offered at any time . . . "); Chapman v.
_______________________________________________________________________________
_______________________________________________________________________________
Abbot, 251 S.W.3d 612, 620 (Tex. App.-Houston [1st Dist.] 2007, no pet.)
____________________________________________________________________________

III.
III.
III.
Movant has proceeded
Movant's failure Propia Persona
to file an without
answer beforethejudgment
assistance of competent
was effective
the result of counsel
an accident andafter
or
mistake, rather than due to an intentional act or the result of conscious indifference.
appointed attorney was instructed by the trial judge to only provide assistance regarding the courts
The accident or mistake that prevented Movant from filing an answer is:
procedures and not assist in the development of movant's defense which has harmed movants ability to
[Describe accident or mistake.]
develop a proper defense and has resulted in an unlevel playing field for the movant. The Movant is entitled
_______________________________________________________________________________
_______________________________________________________________________________
to effective unfettered assistance of counsel. Cooks v. State, 240 S.W.3d 906 (Tex. Crim. App. 2007).
_______________________________________________________________________________
IV.
_______________________________________________________________________________
Movant filed for divorce in 2001 Bexar County District Court 255 Judge Joe Specia, Divorce
_______________________________________________________________________________
_______________________________________________________________________________
Judgement was entered in 2002 by Judge Little-John ordering child support payment of $190 a month. 30
_______________________________________________________________________________

months later Movant's parental rights were terminated in an ex-parte hearing on December 21, 2005 after
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by Sec.419.071 therefore he is not a volunteer firefighter. The memorandum partially lists the statute and was not
***These forms are not a substitute for legal advice.***

written displaying the entire law so that it appears that his finding is legitimate however he failed to print the title of

the subchapter he is referencing and fails to include sub paragraph (c) which clearly states that participation under
IV.
this entire chapter is not mandatory nor required to be a volunteer firefighter. After Judge Contreras finding Movant
Movant has a meritorious defense as to the full amount of the judgment. Movant's
meritorious defense is:
started to investigate the judges prior judicial experience wondering how he could develop such a fictitious finding
[Describe defense.]
_______________________________________________________________________________
that is clearly Movant is a Community Emergency Response Team member since 2009 who has provided free
_______________________________________________________________________________
_______________________________________________________________________________
emergency services to Bexar, Comal, and Guadalupe counties as a volunteer emergency responder recertified Aug,

[Selectissued
2016 FEMA G-317 certificate the following, if applicable,
by New Braunfels Officebyofplacing a check
Emergency mark.] advanced training San
Management

Antonio Fire_____
academy
In November, 2016allegations
support of the mass casualty response
set forth andmotion,
in this is CPR/Emergency Firstdirect
Movant would Aid accredited.
the Court's
attention to the Affidavit(s) of _________________________________________________
Movant is the duly elected
[name(s) CEO of the
of affiant(s) registered
making businessattached
affidavit(s)] dba Community Emergency
to this motion Response Team
and incorporated by Garden
reference.
Ridge/Natural Bridge that is an Unincorporated non profit association providing emergency fire services/ Movant
V.
has received various Certificates issued from:
The granting of a new trial will not prejudice the other parties to this cause.
Dept. Homeland Security Emergency Management Institute, National Fire Academy Fire Corps, International Fire
Movant has a meritorious defense as to the full amount of the judgement. Movant's Meritorious
Movant is ready, able and willing to go to trial immediately and no delay, harm, or prejudice
Chiefs
willAssociation andother
occur to the is a member in agood
parties as standing
result National
of Movant's Volunteer Fire Council.
motion.
defense is Actual innocence citing Sec. 418.171 Qualifications for Rendering Aid-A person who holds a license,

Movant,
certificate, or other Michael
issued Thomas
by a state Paul subdivision of any state
permit___________________________________
or political [movant’s
evidencingname], praysofthat after
the meeting
notice and hearing the judgment rendered in this cause be set aside and that Movant be granted a
qualifications for professional, mechanical, or other skills may render aid involving the skill in this state to meet an
new trial.
emergency or disaster. This state shall give due consideration to the license, certificate, or other permit.
Respectfully submitted,
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
/S/ Michael-Thomas: Paul
________________________________
[Movant’s signature]
Michael-Thomas: Paul
_________________________________
[Typed or printed name]
c/o/9123 Easy Street
_________________________________
San Antonio, TexasMovant
78266-0000
is a Community Emergency Response Team member since 2009 who has provided free
_________________________________
(210)294-4533
_________________________________
[Address &emergency
telephoneservices
no.] to Bexar, Comal, and Guadalupe counties as a volunteer emergency responder

recertified Aug, 2016 FEMA G-317 certificate issued by New Braunfels Office of Emergency

Management advanced training San Antonio Fire academy November, 2016 mass casualty response and

is CPR/Emergency First Aid accredited. Movant is the duly elected CEO of the registered business dba

Community Emergency Response Team Garden Ridge/Natural Bridge that is an Unincorporated non profit

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5
 ***These forms are not a substitute for legal advice.***

Case No. ___________________________

______________________________, | In the ___________________ Court

Plaintiff |
v. | Collin County, Texas
______________________________, |
Defendant |

MOVANT’S SUPPORTING AFFIDAVIT

State of Texas
County of Collin

Before me, a notary public in and for Collin County, Texas, on this day personally appeared
____________________________________ [movant’s name], to me well known to be a credible
person of lawful age and qualified in all respects to make this Affidavit, who being first sworn on
oath, stated that __________ [he/she] is the ______________________ [Plaintiff OR Defendant] in
the foregoing Motion for New Trial and that __________ [he/she] has read the foregoing Motion
and that this Motion for New Trial is in every statement and allegation thereof, true and correct to
________ [his/her] own personal knowledge.

__________________________________
[Movant’s signature]
__________________________________
[Typed or printed name]

SWORN TO AND SUBSCRIBED BEFORE ME on __________________ [date] by

______________________________________ [movant’s name].

_________________________________
[Signature of Notary Public]
_________________________________
[Typed or printed name]
Notary Public in and for the State of Texas
My commission expires: ______________

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 ***These forms are not a substitute for legal advice.***

Case No. ___________________________

______________________________, | In the ___________________ Court

Plaintiff |
v. | Collin County, Texas
______________________________, |
Defendant |

ORDER SETTING HEARING DATE

IT IS ORDERED that the hearing on the Motion for New Trial be set for ________
o’clock on the _________ day of ______________, 20___ in the courtroom of the
__________________________ [name & designation of court] Court, in the County of Collin in
McKinney, Texas.

SIGNED this the __________ day of ______________________.

________________________________
JUDGE PRESIDING

CERTIFICATE OF SERVICE

I certify that a true copy of the above Motion and Order Setting Hearing Date has this day
been:

_____ delivered in person

_____ delivered by courier with receipted delivery

_____ sent by certified mail, return receipt requested

To:
______________________________________________________________________________
______________________________________________________________________________

On this __________ day of _______________________.

______________________________
[Signature]
______________________________
[Typed or Printed Name]
______________________________
______________________________
______________________________
[Address and Telephone No.]

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Case No. ___________________________

______________________________, | In the ___________________ Court

Plaintiff |
v. | Collin County, Texas
______________________________, |
Defendant |

ORDER ON MOTION FOR NEW TRIAL

On _____________________ [date], the Court heard the motion for new trial duly filed on
________________________ [date] by _____________________________________ [movant’s
name], the _________________ [Petitioner OR Respondent], in the above-entitled and numbered
cause.

The motion was duly presented to the Court, and the Court is of the opinion that the motion
should be:
[Select one of the following by placing a check mark.]

_____ granted.

_____ overruled.

IT IS THEREFORE ORDERED that the motion for new trial filed by

_______________________________________ [movant's name] is:

[Select one of the following by placing a check mark.]

_____ granted.

_____ overruled.

and that a new trial is:

[Select one of the following by placing a check mark.]

_____ granted.

_____ denied.

SIGNED on ___________________________ [date].

___________________________________
JUDGE PRESIDING

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