Form 61-1

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition for Bill of Review

[for Fraud]

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, [state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Peti­tioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Secu­rity number.]

Respondent is a resident of [county] County, [state], and should be served with citation and a copy of this pleading [include if applicable: at [address, city, state, zip code]].

3.On [date] a divorce was rendered in this Court in Cause No. [number], styled “In the Matter of the Marriage of [name] and [name].” A certified copy of the decree is attached as Exhibit [exhibit number/letter].

4.Petitioner was prevented by Respondent from asserting rights to a greater share of the parties’ marital estate than that awarded to Petitioner in the decree. Specifically, [state facts showing meritorious claim and extrinsic fraud]. Petitioner’s failure to assert the claim was not a result of any negligence or fault of Petitioner.

5.Petitioner has no adequate legal remedy now available to avoid the effect of the decree. Despite the exercise of due diligence, Petitioner did not discover Respondent’s fraud until more than thirty days after rendition of the judgment. The invalidity of the judgment does not appear on the face of the record.

6.Petitioner requests that the Court set aside and cancel the decree rendered on [date] and order a division of the estate of the parties in a manner that the Court deems just and right.

7.Petitioner prays that citation and notice issue as required by law, that a new trial be granted, and that on final trial the Court order as follows:

a.The Agreement Incident to Divorce be set aside.

b.The portion of the judgment in Cause No. [number] that incorporates the Agreement Incident to Divorce be set aside and vacated.

c.The property of the parties be divided as requested above.

d.Petitioner recover [his/her] costs of suit.

Petitioner prays for general relief.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Verification

I, [name of petitioner], Petitioner, swear under oath that the facts stated in the above Original Petition for Bill of Review are true and correct.

   
[Name of petitioner]

SIGNED under oath before me on ___________________________________.

   
Notary Public, State of Texas