Texas Estates Code 1055.051 – Hearing by Submission
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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.
Terms Used In Texas Estates Code 1055.051
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
(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.
(e) The court, on the court’s own motion, may order oral argument on a motion or application that may be considered by submission.