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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Remove Amicus Attorney
This Motion to Remove Amicus Attorney is brought by [name of movant], who shows in support:
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Include one or more of the following as applicable. See Tex. Fam. Code § 107.0275. |
1.The parties have agreed to the removal of [name] as Amicus Attorney, as evidenced by the signatures of the parties below.
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And/Or |
2.Amicus Attorney, [name], does not have the minimum qualifications to serve as an amicus attorney under section 107.0245 or 107.025 of the Texas Family Code.
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And/Or |
3.Amicus Attorney, [name], has a conflict of interest or bias under section 107.0255(a) of the Texas Family Code that is not exempted under that section.
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And/Or |
4.Amicus Attorney, [name], has failed to perform duties under section 107.0265 of the Texas Family Code or as ordered by the Court, specifically [state specific reasons for removal].
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And/Or |
5.Amicus Attorney, [name], has violated a standard of care under section 107.026 of the Texas Family Code, specifically [state specific reasons for removal].
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And/Or |
6.Amicus Attorney, [name], requests to be removed because a party to the suit has prevented Amicus Attorney from fulfilling the duties of the amicus attorney, specifically [state specific reasons for removal].
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Include the following if applicable. |
7.[Name of movant] requests that the Court order Amicus Attorney to produce a final accounting of all fees and expenses incurred in this matter.
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Select one of the following. |
8.[Name of movant] requests that the Court assess against the parties any accrued but unpaid fees and expenses of Amicus Attorney as of the date of removal, as follows: [state the unpaid amounts and identify the party or parties responsible for payment].
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Or |
8.[Name of movant] requests that the Court order Amicus Attorney to refund to the parties any unearned deposits as of the date of removal, as follows: [state the unearned amount and identify the party or parties to receive the refund].
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Continue with the following. |
[Name of movant] prays that the Court grant the Motion to Remove Amicus Attorney.
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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For certificate of service, see form 21-11. |