Form 27-4

No. [number of court of appeals]-[number of year in which petition filed]-[number]-CV

Relator’s Motion for Temporary Relief

This Motion for Temporary Relief is brought by [name of relator], who shows in sup­port:

1.Relator [files/filed] [his/her/its] Petition for Writ of Mandamus [concurrently with this Motion for Temporary Relief/on [date]]. Relator certifies that on [date], [he/she/it] noti­fied [the respondent/the real party in interest/[designation of any other party notified]] by [telephone/facsimile/telephone and facsimile] that a motion for temporary relief would be filed. Tex. R. App. P. 52.10(a).

2.The Court may grant temporary relief pending its determination of an original pro­ceeding. Tex. R. App. P. 52.10(b). This emergency stay is necessary to maintain the status quo of the parties and to preserve the Court’s jurisdiction to consider the merits of the original pro­ceeding. See In re Reed, 901 S.W.2d 604, 609 (Tex. App.—San Antonio 1995) (orig. proceed­ing).

3.[Detail reasons that temporary relief should be granted pending the court’s deci­sion on the mandamus.]

Relator, [name of relator], prays that the Court grant [his/her/its] motion for temporary relief to maintain the status quo of the parties and to preserve the Court’s jurisdiction to con­sider the merits of Relator’s Petition for Writ of Mandamus.

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

Certification

The undersigned counsel certifies to the Court that Relator has made a diligent effort to notify all parties by expedited means. Specifically, Relator contacted [name of real party in interest] by [telephone/facsimile/telephone and facsimile] on [date] at [time], and Relator con­tacted [name of respondent] by [telephone/facsimile/telephone and facsimile] on [date] at [time] [repeat as necessary for each party].

   
[Name]
Attorney for Relator

Certificate of Service

I certify that a true copy of this Motion for Temporary Relief was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s lead counsel as follows:

Name of person served: [[name of lead attorney], attorney for [name of party]/[name of unrep­resented party]]

Address of person served: [address]

Method of service: [by electronic filing manager/by e-mail at [e-mail address]/by fax at [fax number]/by personal delivery at [address]/by commercial delivery service at [address]/by certified mail at [address]/by first-class mail at [address]]

Date of service: ______________________________

A copy of this notice is being filed with the appellate clerk in accordance with rule 25.1(e) of the Texas Rules of Appellate Procedure.

   
[Name]
Attorney for Relator