Section 8.259 – Special Exceptions

May 14, 2021 | Family Law, Texas

(a) A defect in a notice of application for a writ of withholding is waived unless the respondent specially excepts in writing and cites with particularity the alleged defect, obscurity, or other ambiguity in the notice.
(b) A special exception under this section must be heard by the court before hearing the motion to stay issuance.
(c) If the court sustains an exception, the court shall provide the party filing the notice an opportunity to refile and shall continue the hearing to a specified date without requiring additional service.

Tex. Fam. Code ยง 8.259

Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.