The affidavit should state the basis for the affiant’s personal knowledge of the facts alleged. See the practice notes at section 8.58 concerning affidavits generally.
An unsworn declaration may be used in place of an affidavit. See section 8.58 and form 8-27.
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Include the following notice if a minor is named in the caption or if the affidavit 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.]
Affidavit in Support of Motion for Other Substituted Service
[Name of petitioner] appeared in person before me today and stated under oath:
“My name is [name of petitioner]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
“I am the Petitioner in this case.
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Allege specific facts showing due diligence and continue with one of the following. |
“The residence of [name of person entitled to citation], a party in this case, is unknown to me. I have exercised due diligence to locate the whereabouts of this party and have been unable to do so.”
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Or |
“[Name of person entitled to citation], a party in this case, is a transient person. I have exercised due diligence to locate the whereabouts of this party and have been unable to do so.”
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Or |
“[Name of person entitled to citation], a party in this case, is absent from the state. I have attempted to obtain personal service of nonresident notice on this party as provided for in rule 108 of the Texas Rules of Civil Procedure and have been unable to do so.”
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Or |
“[Name of person entitled to citation], a party in this case, is a nonresident of this state. I have attempted to obtain personal service of nonresident notice on this party as provided for in rule 108 of the Texas Rules of Civil Procedure and have been unable to do so.”
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Continue with the following. |
Petitioner
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas