The presiding judge has not yet dismissed the removal motion against Travis County Attorney Jose Garza

FILE – Travis County Attorney Jose Garza (KXAN photo)

AUSTIN (KXAN) — Dib Waldrip, the presiding judge assigned to oversee a petition to oust Travis County District Attorney Jose Garza, filed the notice Tuesday morning in response to the state’s recent motion to dismiss the case. The judge’s notice indicated that dismissal would not occur without factual information supporting the application.

KXAN has reached out to Waldrip regarding the notification and will update this story if we hear back.

On Friday, Bell County Prosecutor James “Jim” Nichols filed a motion to dismiss the lawsuit against Garza, citing a conversation he had with Garza’s attorney, Michael Satin, and information provided to him by Satin as factual sources to support his motion to dismiss the case.

Waldrip’s notice states that Nichols’ motion should include “admissible evidence,” facts or evidence supported by affidavits, discovery responses, or affidavits/declarations.

KXAN has reached out to Satin for comment on Waldrip’s notice and is currently awaiting a response.

“The Court finds that if a case is to be dismissed on issues legally justified in the statute but perhaps factually insufficient, due diligence by the Court is required, and appropriate openness or transparency on behalf of the public mandates that such consideration be supported by more than a synthesis of information and hearsay from the defendant’s counsel,” the notice reads.

Waldrip requested that any necessary amendments be made to the motion to dismiss and requested that a notice of no plea, no hearing, or no affidavit be filed within 30 days before the scheduling of a discovery hearing.

This developing story will be updated.