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Chapter 14

Form 14-18

Clauses for Party Designation—Partnership (including Limited Liability Partnership) as Defendant

Texas Partnership—Principal Office in County of Suit

Clause 14-18

1

Defendant [name of partnership] is a partnership having its principal place of business in [county] County, Texas, and process should be served on Defendant [name of partner], a partner, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] [For each additional partner named as a defendant, include: Defendant [name of partner], a partner, should also be served at [address, city, state].]

Texas Partnership—Agent in County of Suit

Clause 14-18

2

Defendant [name of partnership] is a partnership having its principal place of business in [county] County, Texas, and process should be served on [name of agent or clerk in partnership’s local office], who is an agent or clerk employed in Defendant’s office, place of business, or agency, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] [For each partner named as a defendant, include: Defendant [name of partner], a partner, should also be served at [address, city, state].] Plaintiff’s cause of action grew out of or is connected with business transacted or done in the county in which this action is brought and in which this office, place of business, or agency is located, as more particularly described in this pleading and any included exhibits.

Foreign Partnership—Partnership with Person in Charge of Business in Texas (Long-Arm Service)

Clause 14-18

3

Defendant [name of partnership] is a partnership having its principal place of business in the state of [state], whose address is [address, city, state]. Because Defendant engages in business in Texas and has done so at all mate­rial times but is not required to designate or maintain an agent in this state and has not done so, service on Defendant should be made by serving [name of defendant’s person in charge in Texas], who will be in charge of Defendant’s business in Texas at the time of service, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] A true copy of the process, together with notice of service, will be sent by regis­tered mail, return receipt requested, to Defendant’s principal place of business, at [address, city, state]. Plaintiff’s cause of action arose from or is connected with one or more transactions with Defendant that occurred or were consum­mated in Texas, as more particularly described in this pleading and any included exhibits. [Include similar allegations for each partner named as a defendant.]

Foreign Partnership—No Agent in Texas (Long-Arm Service)

Clause 14-18

4

Defendant [name of partnership] is a partnership having its home office at [address, city, state]. Because Defendant engages in business in Texas and has done so at all material times but does not maintain a place of regular busi­ness in Texas or a designated agent on whom process can be served, service on Defendant should be made by serving the Secretary of State of Texas, at Ser­vice of Process, Secretary of State, P.O. Box 12079, Austin, TX 78711-2079, and forwarded to Defendant’s home or home office, at [address, city, state]. Plaintiff’s cause of action arose from or is connected with one or more transac­tions with Defendant that occurred or were consummated in Texas, as more particularly described in this pleading and any included exhibits. [Include simi­lar allegations for each partner named as a defendant.]

Partnership Using Assumed Name

Clause 14-18

5

If the partnership operates under both an assumed name and a firm name, include the following sentence at the end of the language chosen from other designations suggested above.

Defendant [name of partnership] is a partnership doing business as [assumed name of defendant].