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Court Was Closed but No Notice Given

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  • 10-14-2013, 04:27 PM
    OSUinTX
    Court Was Closed but No Notice Given
    My question involves traffic court in the State of: Texas

    Got a speeding ticket in Gunter, a notorious speed trap about 60 miles north of Dallas. Attended the initial hearing where I pleaded Not Guilty and received a verbal at the time to return on October 14th and subsequently received a written notice to return at 3:30 on October 14th.

    Today, I go up there and no one is there. Being a small town, I walk around the corner to the City Clerk's office where the lady at the counter tells me court was cancelled and I should have received a notice. I did not. She digs in her computer and finds that by error, only the initial hearing respondents were notified, not the pre-trial defendants (me).

    Can I file for dismissal?

    They screwed up and if I had not shown up, they would find in summary judgment against me, why would the opposite not be true?

    Why should I be penalized because of the ineptitude of the court clerk? I was there as ordered, they were not. I took time off work, lost money, etc. Case closed in my book, but I am sure there is some sort of handicap the court gets in this regard.

    Also, if I do, do I file at the little city, or at the county or where? The notice I got (called Pre-Trial and jury Trial setting in the upper left corner) says the cause is "State of Texas" vs. me, in the county of Grayson, city of Gunter. So where would I file?

    Thanks in advance for any input you can provide.
  • 10-14-2013, 06:06 PM
    billy the kid
    Re: Court Was Closed but No Notice Given
    no one has been "penalized" ... make your next court date. why should the opposing party be prejudiced due to a court error?
  • 10-14-2013, 07:48 PM
    adjusterjack
    Re: Court Was Closed but No Notice Given
    Sure, you can file for dismissal.

    And you file in the court where you went to today that was closed.

    You won't get it dismissed, though.

    It's as much your fault as the court's.

    Today is Columbus Day, a national holiday when government offices are closed and many businesses are closed. Even the post office is closed today.

    Everybody knows it. You should have known it, too.

    At least that will be the rationale of the judge when you file for dismissal.

    You're certainly welcome to try it.
  • 10-15-2013, 03:12 PM
    OSUinTX
    Re: Court Was Closed but No Notice Given
    Really not sure how you could possibly place any culpability on me. I did not set it up, they did. They had not one, but two opportunities to notify me and double check the date. I am not the scheduler, I am the respondent. If it were on Christmas, I show up on Christmas, regardless of what I do or do not know. That is irrelevant, they screwed up. Regardless, as my original reply stated, the city offices WERE OPEN. The clerk was there and provided answers for me so that little argument is moot.

    Filed an appeal this morning.
  • 10-15-2013, 03:26 PM
    Mr. Knowitall
    Re: Court Was Closed but No Notice Given
    And you'll lose... but good luck and all that.
  • 10-15-2013, 04:43 PM
    shortcake
    Re: Court Was Closed but No Notice Given
    I think the OP might have at least a chance on this but what do I know :). If truly an observed public holiday, why was the city clerk's office open? I don't see how it would hurt to file for a dismissal unless a denial would affect the case. Would it?

    OSU, did you get the clerk's name? The info found in the computer should speak in your favor. The clerk would be a good witness on your behalf imho.
  • 10-15-2013, 07:45 PM
    billy the kid
    Re: Court Was Closed but No Notice Given
    Quote:

    Quoting OSUinTX
    View Post
    Really not sure how you could possibly place any culpability on me. I did not set it up, they did. They had not one, but two opportunities to notify me and double check the date. I am not the scheduler, I am the respondent. If it were on Christmas, I show up on Christmas, regardless of what I do or do not know. That is irrelevant, they screwed up. Regardless, as my original reply stated, the city offices WERE OPEN. The clerk was there and provided answers for me so that little argument is moot.

    Filed an appeal this morning.

    not your fault .. an error in picking an appearance date. these things happen. harmless error.
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