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Chapter 8

Form 8-18

This motion must be accompanied with two affidavits. Form 8-19 is the affidavit of the person who has attempted service under Tex. R. Civ. P. 106(a)(1) or (2). That affidavit must state specific facts regard­ing the unsuccessful attempts at service. Form 8-20 is the affidavit showing the respondent’s usual place of business or abode or other place where the respondent can be found and stating the method of service that will be reasonably effective to give notice.

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 Alternative Service

[Rule 106]

This Motion for Alternative Service is brought by [name of movant], [party designa­tion], who shows in support:

1.Service has been attempted unsuccessfully on [name of person entitled to citation], as shown in the attached affidavit of [name], the person who attempted service by [personal delivery/mailing citation] to [name of person entitled to citation].

2.Reasonably effective notice of the suit may be given to [name of person entitled to citation] by having any person authorized by rule 103, Texas Rules of Civil Procedure, leave a true copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in the attached affidavit of [name] [or state other manner that affidavit or other evidence shows will be reasonably effective to give notice].

[Name of movant] prays that the Court grant this Motion for Alternative Service.

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

Attach both affidavits. See forms 8-19 and 8-20.