If a new trial is granted, the court must try the case within 10 days of granting the motion.

Study for the Texas Municipal Courts Education Center (TMCEC) Level 2 Exam. Dive into detailed content with flashcards and multiple choice questions, each with hints and explanations. Ace your test with confidence!

Multiple Choice

If a new trial is granted, the court must try the case within 10 days of granting the motion.

Explanation:
When a new trial is granted, the case is returned to the trial docket and the court must set a new trial date that is reasonable and practicable, taking into account the court’s calendar and any speedy-trial obligations. There is no automatic 10-day deadline to try the case after granting a new trial. The timing isn’t tied to a defense request, though counsel can move to expedite if appropriate. So the statement asserting a 10-day requirement isn’t correct; the scheduling depends on practical scheduling considerations and constitutional speedy-trial rights, not a fixed 10-day rule.

When a new trial is granted, the case is returned to the trial docket and the court must set a new trial date that is reasonable and practicable, taking into account the court’s calendar and any speedy-trial obligations. There is no automatic 10-day deadline to try the case after granting a new trial. The timing isn’t tied to a defense request, though counsel can move to expedite if appropriate. So the statement asserting a 10-day requirement isn’t correct; the scheduling depends on practical scheduling considerations and constitutional speedy-trial rights, not a fixed 10-day rule.

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