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Chapter 8

Form 8-9

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.:
[Email address]
[Address]
[Telephone]
[Fax]

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

For certificate of service, see form 21-11.