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Chapter 34

Form 34-36

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Revoke Stay of Suspension of License

This Motion to Revoke Stay of Suspension of License is brought by [name of movant], Movant. Movant requests the Court to revoke the stay of suspension of the license[s] of Respondent, [name of respondent], previously suspended by this Court. Respondent, [name of respondent], should be served with process [include if applicable: at [address, city, state, zip code]]. In support, Movant shows:

1.On [date] this Court signed an order that appears in the minutes of this Court [and states in relevant part as follows: [quote portions of order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. In that order [each of] the following license[s] issued to Respondent by the indicated licensing agency was suspended: [list name of each agency].

2.The issuance of the order suspending license to [the/each] licensing agency was then ordered stayed conditioned on the following: [list specific findings by court and condi­tions for staying suspension].

3.Respondent has failed to comply with the terms and conditions of the stay of sus­pension of the license[s] as follows: [state specifically how respondent has failed to comply with the requirements of a court order pertaining to the possession of or access to (a) child(ren)].

Movant requests that the previous stay of suspension of Respondent’s license[s] be revoked and that this Court render a final order suspending Respondent’s license[s].

4.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of movant] and the child[ren] the subject of this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Movant requests postjudgment interest as allowed by law.

5.Movant prays that citation and notice issue as required by law and that the Court on hearing revoke the stay of suspension of Respondent’s license[s] and render an order sus­pending [the/each] license specified herein. Movant prays that Respondent be prohibited from engaging in the licensed [activity/activities]. Movant further prays for attorney’s fees, expenses, costs, and interest.

   
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order suspending the license(s).

File the following order as a separate document.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order to Appear

[Motion to Revoke Stay of Suspension of License]

IT IS ORDERED that the hearing on Motion to Revoke Stay of Suspension of Respon­dent’s License[s] is set before the Court at [time] on [date].

Use the following paragraph if the hearing will be only in-person.

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact informa­tion]/can be found at [specify where the court publishes this information]].

Use the following paragraph if the hearing will be only remote.

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the follow­ing information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Participants may appear before the Court by other means only if per­mitted by court order. The Court’s designated contact information [is [court’s designated con­tact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot participate by the electronic means set forth in this notice, has a tech­nological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Use the following paragraph if the hearing will be both in-person and remote.

All participants, [including/except] Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following infor­mation: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Respondent is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom described above.] Participants may appear before the Court by other means only if permitted by court order. The Court’s designated con­tact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Continue with the following.

Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims.

Instructions for submitting evidence: [See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this infor­mation].]

Additional instructions for participating in the hearing: [None/See the Court’s instruc­tions attached to this order./See the Court’s instructions available at [specify where the court publishes this information].]

The purpose of this hearing is to determine whether the relief requested in the Motion to Revoke Stay of Suspension of Respondent’s License[s] should be granted.

SIGNED on ________________________________.

   
JUDGE PRESIDING