(a) On receipt of a motion under § 11.051, the court shall, after notice to all parties, conduct a hearing to determine whether to grant the motion.
(b) The court may consider any evidence material to the ground of the motion, including:
(1) written or oral evidence; and
(2) evidence presented by witnesses or by affidavit.

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Terms Used In Texas Civil Practice and Remedies Code 11.053

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005