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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 to Show Authority
This Motion to Show Authority is brought by [name of movant], who shows in support:
1.[Name of attorney] has appeared in this case, purporting to represent [name of client].
2.[Name of movant] believes that [name of attorney] is acting without authority and, in accordance with rule 12 of the Texas Rules of Civil Procedure, requests that [name of attorney] be cited to appear before the Court and show authority to [prosecute/defend] this action.
[Name of movant] prays that the Court grant the motion and that, after hearing, the Court refuse to permit [name of attorney] to appear in the case and strike the pleadings filed by [name of attorney] if no person authorized to [prosecute/defend] appears.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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An unsworn declaration may be used in place of a verification. See form 8-27. |
Verification
The undersigned states under oath: “I am Movant in the foregoing Motion to Show Authority. I have personal knowledge of the allegations and facts stated in it, and they are true and correct.”
Affiant
SIGNED under oath before me on ___________________________________.
Notary Public, State of Texas
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]
Order
On ___________________________________, the Court considered the Motion to Show Authority of [name of movant] and ORDERS: [specify court order].
SIGNED on ________________________________.
JUDGE PRESIDING