Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

What happens when I demand a speedy trial in Texas family court?

This question has been addressed in 1 Texas court opinion:

In Re Jose Raquel Lerma

COA13 — February 6, 2026

In In re Jose Raquel Lerma, a Relator sought a writ of mandamus to compel a trial judge to rule on pending motions that had been filed but not acted upon. The Thirteenth Court of Appeals denied the petition, holding that a trial court’s ministerial duty to rule is not triggered by the mere act of filing a document with the clerk. The court analyzed the requirements for mandamus relief in 'failure to rule' cases, emphasizing that a relator must demonstrate the trial court had actual awareness of the motion and was specifically asked to rule. Because the Relator failed to provide a record of 'presentment'—such as correspondence with the court or a formal request for a ruling—the court found he did not establish a clear right to the relief sought.

Litigation Takeaway

“A file-stamp from the clerk is not enough to force a judge to rule; you must provide evidence of 'presentment' by showing the judge was personally made aware of the motion and specifically asked to take action.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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