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Chapter 8

Form 8-25

This motion should be used when a defect in the citation can be cured by a means other than having the citation served again.

Include the following notice if a minor is named in the caption or if the document 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 to Amend Citation

This Motion to Amend Citation is brought by [name of movant], [party designation], who shows in support:

1.On [date] [name of person served with citation] was served with citation by [per­sonal delivery/mailing citation].

2.The citation needs to be amended as follows: [state reason[s] for amendment and, if appropriate, attach affidavit from process server stating any fact that needs correction].

3.No material prejudice will result to the substantial rights of the party against whom the process was issued if this motion is granted.

[Name of movant] prays that the Court grant this Motion to Amend Citation.

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

Include as applicable.

Notice of Hearing

The above motion is set for hearing on __________________ at ______________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

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 movant]