fastej wrote:
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I am not going to be able to file the Motion to Withdraw Deemed Admissions because I cannot find any Texas Annotated Statues stating any reasons that fit my situation.
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I have to preface with the same disclaimer - I am not an attorney and I am not offering legal advice. My suggestions are those of a fellow pro se who has defended myself well enough to make the Plaintiff voluntarily dismiss. I hung him on details and proceedure.
OK - never mind the Texas Statutes, then. Have you found any caselaw? Try
www.versuslaw.com and sign up for a month - it's about $14 and well worth it. Look for Texas case law (appellate level and Texas Supreme Court level) regarding the keywords and phrases: "Admissions deemed admitted", "Withdraw Deemed Admissions" and hopefully there will be some cases on point. READ those cases and copy and paste the case text into your word processor for reference. You will need to cite these cases in your Memorandum of Law.
IF you have no luck finding any cases on point, you still have one remaining approach, and that is the Affidavit. In your own words describe what the court clerk told you and when - name the clerk if you can, and the date and time of day if you can. Just tell the truth as clearly and simply as possible. Sign it under Penalties of Perjury.
At the top it should say "Affidavit of (your name)"
And the first sentence should be something like:
Under the Penalties of Perjury I declare that the following statement is the truth. And as to all facts that I describe in the following statement I declare under oath that they are true to the best of my knowledge and belief."
(There are boilerplate perjury statements that cover the same information, but being a pro se I think that putting it into your own words is more powerful - but that is only my opinion)