Form 3-13

This waiver may be tailored for a variety of purposes through the choice of alternative paragraphs. These purposes include providing a total waiver of all notice, obtaining an appearance by a pro se respondent, and accommodating a respondent who will be represented by counsel and wishes to partic­ipate in the proceedings but not to be served with citation.

The waiver, to be valid, must be executed after the suit is filed. The waiver must be sworn to before a notary public who is not an attorney in the case unless the respondent is incarcerated; in that situation, an unsworn declaration under Tex. Civ. Prac. & Rem. Code § 132.001 may be used. The respondent may not sign using a digitized signature. Tex. Fam. Code § 6.4035. Concerning conversion of this form to an unsworn declaration for an incarcerated respondent, see form 8-27.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Waiver of Service

[Name of respondent] appeared in person before me today and stated under oath:

“I, [name of respondent], am the person named as Respondent in this case.

“I acknowledge that I have been provided a copy of [title or description of pleading] filed in this case. I have read and understand the contents of that document.

“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.

“I enter my appearance in this case for all purposes.

“I waive the making of a record of testimony in this case.

“I agree that this case may be taken up and considered by the Court without further notice to me.

“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.

“I want to be notified of any hearing or trial of this case.

“I do not waive any rights that I may have with regard to the division of my interest in my spouse’s and my property.

“I do not waive any rights that I may have with respect to the terms and conditions of conservatorship, support, and parental rights and duties related to the child[ren] born of my relationship with Petitioner.

“I request the Court to order that my legal name be [first, middle, and last names as they should appear in decree].

“If I should enter into a settlement agreement with Petitioner, that agreement will bear my signature indicating my approval of its terms, conditions, and contents.

“I request the Court not to enter any orders or judgment not signed by me or without my receiving prior written notice of the date, time, and place of any proceedings.

“I understand that I have a duty to notify the attorney for Petitioner if I change my address. I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.

“Insofar as this suit is concerned, I waive all rights, privileges, and exemptions existing or that may hereafter exist in my favor under the Servicemembers Civil Relief Act, including the appointment of counsel to represent me in this case.

“I further state that the following information is correct and that my—

Mailing address is:

E-mail address is:

Telephone number is:

“I further understand that I have a duty to notify the Court if my mailing address or e-mail address changes during this proceeding.”

   
[Name of respondent]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

I, the notary public whose signature appears above, certify that I am not an attorney in this case.