Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
The Exonerated Movant
NOTICE FOR DEMANDING RECOVERY OF COST
BEING SUCCESSFUL PARTY IN ACTION
Pursuant
to the Texas Rules of Court, Rule 131, Successful Party to Recover; being the
successful party in the above Cause, the Movant moves this court to grant
recovery of costs associated with this action. The following are items claimed
for recovery together with such other and further relief to which Movant may be
justly entitled by this Honorable Court:
Description
Costs Incurred Amount Being
Research
__ hr X
$__.__ $
__.__
Mileage ___
Mi. X $.__ per mile $ __.__
Certified
Mail Postage ___ ea. X
$__.___ $ __.__
Description
Costs Incurred Amount Being
Certified
Mail Postage __ ea. X
$__.__ $ __.__
Parking __ea X
$__.__ $ __.__
Printing ___pages X
$.___ $______._____
Total
Amount Incurred ************************ $ _____.___
Prayerfully
Submitted,
______________________________
, sui
juris
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
The Exonerated Movant
ORDER ON MOTION FOR DEMANDING RECOVERY OF COST
BEING SUCCESSFUL PARTY IN ACTION
On this
the day of ,
A.D., 201__, came on to be heard Movant’s Motion to Demand Recovery of Cost and
being the Successful Party in this action and pursuant to the Texas Rules of
Court, Rule 131, in the above titled and numbered causes, and the court, having
heard the said motion, and the evidence thereon submitted, is of the opinion
that said Motion should be:
Granted to the Amount of ___________________
Denied pursuant to the grounds of
__________________________________________
________________________________________________________________________________
Signed and entered this day of ______________________, A.D., 201__.
_________________________________________________
Judge Presiding
CERTIFICATE OF SERVICE
I hereby
certify that a true and correct copy of the forgoing has been delivered to the
following party or counsel of record via delivery confirmation, hand delivery
or fax on this ______ day of
________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
INSTRUCTIONS
This document was created to
do unto others as they try to do unto you. Recovery of cost after the city,
county or state try to extract funds from you, but instead dismiss the action
against you and leave you with expenses that should be paid by the other side.
Put this motion in on if you want to stir things up. This document takes a lot
of follow-up. You may need to write the City’s or County’s Accounts Payable and
ask for you entitled funds. We have not got money as yet, but we are working on
it. Do not make the cost recovery unreasonable. If you get a dollar from them,
then you have set a precedence that can be built on. Read it and understand it.
The rule 131 states that you are entitled to recovery and does not state that
the judge can deny such recovery. It needs to be filed at least 10 days after a
Dismissal.
Line 1: Where
you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’
or County.
Line 3: Put
either ‘In the City of (whatever City)”, “Precinct (whatever number)” or
“(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put the amount of hours
that you spent researching your case
Line 7: Put your cost per hour.
Line 8: Put your cost per hour
times the amount of hours spent researching and put total in dollars and cents.
Line 9: Put in the number miles
driven to court and to research.
Line 10: Put in the amount of
cents that is allowed by government dealing with tax matters, usually 35 cents
or more.
Line 11: Take the amount of
miles times the cents per miles allowed and put the total amount in this line.
Line 12: Put in how many times
you sent something by certified mail with the same cost.
Line 13: Put in the amount that
certified mail is.
Line 14: Take the amount of
certified mail that was sent and multiply it with the amount of certified mail
and put in the total amount.
Line 15: Put in how many times
you sent something by certified mail with the same cost.
Line 16: Put in the amount that
certified mail is.
Line 17: Take the amount of
certified mail that was sent and multiply it with the amount of certified mail
and put in the total amount.
Line 18: Put in how many times
you paid for parking while at court or during research.
Line 19: Put in the amount of
the parking.
Line 20: Take the amount of
times that you paid for parking and the amount of the parking and put in the
total amount of parking cost.
Line 21: Put in the numbers of
pages that you copied for the research and for court.
Line 22: Put in the amount that
it cost per page for printing.
Line 23: Take the number of
pages printed and multiply the cost of printing per page and put that amount in
the space provided.
Line 24: Add up the separate
costs and put that amount where provided.
Line 25: Sign your name, then below print your name in
Upper and Lower Caps then below that print your address.
Line 26: Where
you put the cause numbers of the case.
Line 27: Put either ‘Municipal’, ‘Justice of the
Peace’ or County.
Line 28: Put
either ‘In the City of (whatever City)”, “Precinct (whatever number)” or
“(whatever county Court it is – like – At Law #11)
Line 29: Put your name in Upper and Lower Caps.
Line 30: Put whatever county the court is in – like –
“Galveston”.
Line 31: Leave for the Judge to
fill out.
Line 32: Leave for the Judge to
fill out.
Line 33: Leave for the Judge to
fill out.
Line 34: Leave for the Judge to
fill out.
Line 35: Leave for the Judge to
fill out.
Line 36: Leave for the Judge to
fill out.
Line 37: Leave for the Judge to
fill out.
Line 38: Leave for the Judge to
fill out.
Line 39: Leave for the Judge to
fill out.
Line 40: Leave for the Judge to
fill out.
Line 41: Leave for the Judge to
fill out.
Line 42: Leave for the Judge to
fill out.
Line 43: Leave for the Judge to
fill out.
Line 44: Put the numbered day
of the Month that you serve a copy of this document to the prosecutor.
Line 45: Put the name of the
Month that you serve a copy of this document to the prosecutor.
Line 46: Put the last number of
the year that you serve a copy of this document to the prosecutor. – like - 2013
.
Line 47: Put “ Court Clerk for (Whatever Court)
Line 48: Put the street address where the prosecutor will
be served.
Line 49: Put the City, State and Zipcode where the
Prosecutor will be served.
Line 50: Sign your name, then below print your name in
Upper and Lower Caps then below that print your address.
Original goes to the clerk of the court, one copy to the
Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure
and NOT include the instruction sheets.
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