Use this form if the land or property belongs in whole or in part to a nonparty. If the land or property belongs in whole or part to a party or the parties, use form 5-38.
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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 for Entry upon Property
[to Nonparty]
This Motion for Entry upon Property is brought by [name of movant], [party designation], who shows in support:
1.Respondents to this motion are [name of other party], [party designation], and [name of nonparty respondent], [who/which] is the owner of [describe land or property that is the subject of the motion].
2.[Name of nonparty], a nonparty [who/which] owns an interest in the property to be inspected, can and will be served with notice of this motion at [address] pursuant to rule 21a of the Texas Rules of Civil Procedure.
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Or |
2.The address of [name of nonparty], a nonparty [who/which] owns an interest in the property to be inspected, is unknown and cannot be obtained through reasonable diligence. Movant requests the Court to order service on [name of nonparty] by means other than rule 21a of the Texas Rules of Civil Procedure that are reasonably calculated to give [name of nonparty] notice of the motion and the hearing.
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Or |
2.Movant believes there are nonparties who may own an interest in the property to be inspected, and their identities and addresses are unknown and cannot be obtained through reasonable diligence. Movant requests the Court to issue orders that will aid in identifying the names and locations of any additional owners and thereafter to order service on each such nonparty by means other than rule 21a of the Texas Rules of Civil Procedure that are reasonably calculated to give each nonparty notice of the motion and the hearing.
3.Movant requests to [include as applicable: inspect/measure/survey/photograph/test/sample] the property or any designated object on the [land/property] described above.
4.The discovery sought is relevant to the claims of [Petitioner/Respondent].
5.Good cause exists for the [inspection/testing/sampling/inspection and testing/inspection and sampling/testing and sampling/inspection, testing, and sampling].
6.Movant requests that entry be allowed [state time, place, manner, conditions, and scope of inspection].
7.Movant requests [inspection/testing/sampling/inspection and testing/inspection and sampling/testing and sampling/inspection, testing, and sampling] be allowed by [describe as applicable the means, manner, and procedure for inspection, testing, and/or sampling].
8.[Name[s]] will conduct the [inspection/testing/sampling/inspection and testing/inspection and sampling/testing and sampling/inspection, testing, and sampling].
[Name of movant] prays that the Court grant this Motion for Entry upon Property.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on ____________________ at ______________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]