Form 16-16

This motion should be used by the plaintiff to request the court to appoint an attorney to defend the suit on behalf of the defendant when service has been made by publication and no answer has been filed or appearance entered within the prescribed time. See Tex. R. Civ. P. 244 and section 16.16:5 in this chapter. For an order granting this motion, see form 16-17.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Appointment of Attorney Ad Litem

1.Parties.      [Name of plaintiff], Plaintiff, moves the Court to appoint an attorney ad litem to defend this suit on behalf of [name of defendant], Defendant in this cause, as required by rule 244 of the Texas Rules of Civil Procedure.

2.Facts.      On [date], service was made by publication in [title of newspaper] for the statutory time. No answer has been filed or appearance entered by Defendant within the time prescribed by the Texas Rules of Civil Procedure.

3.Grounds.      Under rule 244 of the Texas Rules of Civil Procedure, an attorney ad litem should be appointed to defend this suit on behalf of Defendant, because service has been made by publication and no answer has been filed or appearance entered within the prescribed time.

4.Prayer.      Plaintiff prays that—

a.the Court appoint an attorney ad litem to represent and defend this suit on behalf of Defendant;

b.on entry of final judgment in this cause, the attorney ad litem be awarded at least $[amount] as reasonable fees for his services and discharged from fur­ther representation of Defendant; and

c.Plaintiff be granted all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]