Texas Election Code 232.012 – Accelerated Procedures for Trial of Certain Contests
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(a) This section applies only to the contest of an election described by § 232.008(c).
(b) When the contestant’s petition is filed, the district clerk shall immediately notify the district judge of the filing.
Terms Used In Texas Election Code 232.012
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Continuance: Putting off of a hearing ot trial until a later time.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A contestee must file an answer to the contestant’s petition not later than 10 a.m. of the fifth day after the date of service of citation on the contestee. The citation issued for the contestee must command the contestee to answer by the specified deadline and must direct the officer receiving the citation to return it unserved if it is not served within 10 days after the date of issuance.
(d) After the clerk receives the officer’s return showing service of citation, the clerk shall promptly notify the district judge of that fact. The judge shall set the contest for trial for a date not later than the fifth day after the date by which the contestee must answer.
(e) The district judge may not grant a continuance in the trial except:
(1) one time for a period not exceeding 10 days for good cause supported by the affidavit of a party; or
(2) with the consent of the parties.
(f) The district judge may limit amendments to the pleadings of a party after the party announces ready for trial.
(g) Subsections (e) and (f) do not apply to continuances or amendments to pleadings for the purpose of bringing in a substitute contestee following the death of a contestee.
(h) This section supersedes other provisions of this subchapter to the extent of any conflict.