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Rule 460. Notice of Motion (Dec1941)

TEXT

Upon the filing of such motion the clerk shall notify the opposing party by postal card, and if copies of such motion have not been furnished to the opposing parties or their attorneys of record by the party filing same, the clerk shall mail to the opposing parties or their attorneys of record such copies thereof as may have been furnished by the party filing the motion as required in Rule 458. The motion may be submitted at any time after five days from the date of such notice.

Amended by order of Sept. 20, 1941, eff. Dec. 31, 1941: The rule has been materially changed in wording. Registered mail and certified copies have been eliminated, and the wording respecting time of submission and manner of notice has been altered..

ADVISORY OPINIONS

(No. 41) Question: Should notice of a motion to certify a question to the Supreme Court under Rule 465 be given to the opposite party by registered mail (Rules 409 and 411) or by postal card under Rule 460?

Answer: Notice of the motion to cer­tify, unless waived, should be given by registered mail. Rule 460 providing for a postal card notice applies only to a motion for rehearing.

5 Tex. B.J. 171 (1942) reprinted in 8 Tex. B.J. 17 (1945).