Form 61-15

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition for Declaratory Judgment

1.Discovery in this case is intended to be conducted under [level 1/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.The damages sought in this case are within the jurisdictional limits of this Court. Petitioner seeks [only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs/monetary relief of $250,000 or less and nonmonetary relief/monetary relief over $250,000 but not more than $1,000,000/monetary relief over $1,000,000].

3.Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

4.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 [name of respondent].

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

5.Petitioner seeks a declaratory judgment for [set out specific relief sought].

6.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner]. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered against Respondent. Petitioner requests postjudgment interest as allowed by law.

Petitioner prays that citation and notice issue as required by law, that the Court render judgment [specify relief sought], [include if applicable: for a judgment for $[amount],] for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

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