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A lis pendens notice is filed in the real property records to give notice that there is a lawsuit pending that may affect the title to real property. The lis pendens should be filed with the office of the county clerk in each county in which any part of the affected real estate is located, and it must state the style, number, and kind of proceeding, the court in which the proceeding is pending, the names of the parties, the kind of proceeding, and a description of the property affected. Tex. Prop. Code § 12.007(a), (b).

The notice of lis pendens may be filed before service is obtained in the lawsuit. See Tex. Prop. Code § 13.004(a). A transfer or encumbrance of real property involved in a proceeding by a party to the proceeding to a third party who has paid a valuable consideration and who does not have actual or constructive notice of the proceeding is effective, even though the judgment is against the party transferring or encumbering the property, unless a notice of the pendency of the proceeding has been recorded and indexed under that party’s name as provided in section 12.007(c) of the Texas Property Code in each county in which the property is located. Tex. Prop. Code § 13.004(b).

The lis pendens does not give notice of issues not appearing on the face of the pleadings of the case. Kropp v. Prather, 526 S.W.2d 283, 287 (Tex. App.—Tyler 1975, writ ref’d n.r.e.). Therefore, specific reference to the real estate should be made in the pleadings on file.

The notice of lis pendens may be signed by the party to the suit, his agent, or his attorney of record in the case. Tex. Prop. Code § 12.007(b). No later than three days after the notice is filed for record, the party filing it must serve a copy of the notice on each party to the action who has an interest in the real property. Tex. Prop. Code § 12.007(d). Because the lis pendens creates a cloud on the title to the real estate concerned, it should be released as soon as the case terminates or when the restraint on alienation is no longer needed.

Expunction: A party to the action may apply to the court to expunge the lis pendens notice. Notice of the motion to expunge must be served on each affected party at least twenty days before the hearing on the motion. Failure of the party filing the lis pendens notice for record to serve the notice required under Property Code section 12.007(d) is one of the bases on which the court may expunge the notice. Tex. Prop. Code § 12.0071. Other provisions regarding the expunction process are set out in the statute.

§ 6.12Notice to Pension Trustees

Payment or refund by an employer or trustee under a written plan discharges that employer or trustee unless, before payment or refund is made, notice that some other person claims to be entitled to all or part of the payment or refund has been received by the employer at his principal Texas business address or by the trustee at his home office. If payment or refund is composed of stock in any corporation, the corporation must be notified at its home office. Tex. Lab. Code §§ 82.002–.004.

§ 6.13Information for Suits Affecting Parent-Child Relationship

Certain information must be obtained to be included in the final order if the suit involves children except in a proceeding involving termination of the parent-child relationship or adoption.

A final order in a suit affecting the parent-child relationship must contain the Social Security number and driver’s license number of each party to the suit, including the child, except that the child’s Social Security number or driver’s license number is not required if such a number has not been assigned. Tex. Fam. Code § 105.006(a)(1).

The final order must also contain each party’s current residence address, mailing address, home telephone number, employer’s name, employment address, and work telephone number, unless providing the information is likely to cause the child or conservator harassment, abuse, serious harm, or injury. Tex. Fam. Code § 105.006(a)(2), (c).

Rule 21c of the Texas Rules of Civil Procedure provides rules for filing documents that have sensitive data, which includes any part of a Social Security number or other taxpayer identification number, bank account or other financial account numbers, and other identification numbers. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, this information must be redacted. If the document must contain sensitive data, it should be designated as containing sensitive data if it is e-filed; if it is not e-filed, it must include, on the upper left-hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”

§ 6.14Affidavit Concerning Costs and Necessity of Services

Section 18.001 of the Civil Practice and Remedies Code permits use of affidavits to establish reasonableness of charges and necessity of services. Unless controverted, an affidavit that the amount a person was charged for a service was reasonable at the time and place the service was provided and that the service was necessary is sufficient to support a fact finding by the judge or jury. Tex. Civ. Prac. & Rem. Code § 18.001(b). Such an affidavit can often be used to establish health-care expenses in paternity litigation and attorney’s fees in all family law cases.

The affidavit must be made by the person who provided the service or by the person in charge of records showing the service provided and charge made and must include an itemized statement of the service and charge. Tex. Civ. Prac. & Rem. Code § 18.001(c).

The affidavit must be served on each other party by the earlier of (1) ninety days after the date the defendant files an answer; (2) the date the offering party must designate any expert witness under a court order; or (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Tex. Civ. Prac. & Rem. Code § 18.001(d). If services are provided for the first time by a provider after the answer is filed, the affidavit must be served by the earlier of (1) the date the offering party must designate any expert witness under a court order or (2) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Tex. Civ. Prac. & Rem. Code § 18.001(d–1). When the affidavit is served, notice must be filed with the clerk that the affidavit was served in accordance with section 18.001. Except as provided by the Texas Rules of Evidence, the affidavit is not required to be filed with the clerk before the trial begins. Tex. Civ. Prac. & Rem. Code § 18.001(d–2).

The party opposing a claim in the affidavit must serve a counteraffidavit made by a person “qualified, by knowledge, skill, experience, training, education, or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit.” It must give reasonable notice of the basis on which the serving party intends to controvert the claim at trial, and it may not be used to controvert the causation element of the cause of action. Tex. Civ. Prac. & Rem. Code § 18.001(f).

The counteraffidavit must be served on the party or the party’s attorney by the earlier of (1) 120 days after the date the defendant files its answer; (2) the date the party offering the counteraffidavit must designate expert witnesses under a court order; or (3) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure. Tex. Civ. Prac. & Rem. Code § 18.001(e). If service of the affidavit was made under section 18.001(d–1), the counteraffidavit must be served by the later of (1) thirty days after the affidavit was served; (2) the date the party offering the counteraffidavit must designate any expert witness under a court order; or (3) the date the party offering the counteraffidavit must designate any expert witness as required by the Texas Rules of Civil Procedure. Tex. Civ. Prac. & Rem. Code § 18.001(e–1). When the counteraffidavit is served, written notice must be filed with the clerk that the counteraffidavit was served in accordance with section 18.001. Tex. Civ. Prac. & Rem. Code § 18.001(g).

If continuing services are provided after a relevant deadline, affidavits may be supplemented on or before the sixtieth day before the trial begins, and counteraffidavits may be supplemented on or before the thirtieth day before the trial begins. Tex. Civ. Prac. & Rem. Code § 18.001(h). Deadlines may be altered by agreement of all parties or with leave of court. Tex. Civ. Prac. & Rem. Code § 18.001(i).

The affidavit or counteraffidavit must be taken before an officer with authority to administer oaths. Tex. Civ. Prac. & Rem. Code § 18.001(c)(1), (f). An unsworn declaration comporting with section 132.001 of the Civil Practice and Remedies Code may be submitted instead of an affidavit. See Tex. Civ. Prac. & Rem. Code § 132.001.