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Chapter 8

Form 8-12

Include the following notice if a minor is named in the caption or if the response 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.]

Response to Motion to [Recuse/Disqualify] Judge

This Response to Motion to [Recuse/Disqualify] Judge is brought by [name of respon­dent], who opposes the Motion to [Recuse/Disqualify] Judge [name] for the following rea­son[s]:

Select as applicable.

The Motion to [Recuse/Disqualify] was not timely filed.

And/Or

The Motion to [Recuse/Disqualify] is [clearly brought for unnecessary delay and with­out sufficient cause/groundless and filed in bad faith/groundless and filed for the purpose of harassment]. The judge hearing the motion should deny it and should order [name of party], [name of party’s attorney], or both to pay the reasonable attorney’s fees and expenses incurred by Movant.

Continue with the following.

[Name of respondent] prays that the Court deny the Motion to [Recuse/Disqualify] Judge [name] [include if applicable: and order the payment of attorney’s fees and expenses].

   
[Name]
Attorney for [name of client]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

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 client]