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Chapter 19

Form 19-11

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 for Separate Peremptory Challenges

This Motion for Separate Peremptory Challenges is brought by [name of movant], [party designation], in accordance with rule 233 of the Texas Rules of Civil Procedure. In sup­port, [name of movant] shows:

1.[Name of movant] is not aligned with either of the other parties and has asserted separate and distinct claims for relief.

2.The claims of [name of movant] are antagonistic to those of the other parties for the following reasons:

Assert the differences between the parties. For example:

[Name] seeks recovery against both Petitioner and Respondent for an unpaid debt. [Name]’s claim is adverse to both Petitioner and Respondent because recovery is sought against the community estate.

Or

Although [names] are the parents of Petitioner, [names] assert that neither Petitioner nor Respondent should be appointed managing conservator of the children.

3.To align [name of movant] with any other party in this case would deprive [name of movant] of the right to make peremptory challenges as provided in rule 233.

4.The proper alignment and equalization in this case would result in each party’s having six peremptory challenges.

[Name of movant] requests separate peremptory challenges.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]