Texas Estates Code

§ 1055.051 — HEARING BY SUBMISSION

ES § 1055.051Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part C. PROCEDURAL MATTERS · Ch. 1055. TRIAL AND HEARING MATTERS · Art. B. TRIAL AND HEARING

Statute text

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(a)A court may consider by submission a motion or application filed under this title unless the proceeding is:

(1)contested; or

(2)an application for the appointment of a guardian.

(b)The party seeking relief under a motion or application being considered by the court on submission has the burden of proof at the hearing.

(c)The court may consider a person's failure to file a response to a motion or application that may be considered on submission as a representation that the person does not oppose the motion or application.

(d)A person's request for oral argument is not a response to a motion or application under this section.

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.