Form 6-10

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

Motion to Dismiss Action for Failure to Give Security for Costs

This Motion to Dismiss Action for Failure to Give Security for Costs is brought by [name of movant], Movant, as attorney ad litem, who shows in support:

1.[Name of party], [Applicant/Plaintiff], has failed to give security for costs within twenty days after notice of entry of the order directing [Applicant/Plaintiff] to give security for costs had been served on [him/her].

2.Further information in support of this motion is included in the attached affidavit.

3.Movant prays that the action filed by [Applicant/Plaintiff] be dismissed by this Court for failing to comply with the Court’s order to give security for costs.

Respectfully submitted,

   
[Name]
Attorney Ad Litem
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

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 in accordance with the Texas Rules of Civil Procedure I served a true and correct copy of [title of document, e.g., Motion to Dismiss Action for Failure to Give Security for Costs] on the parties listed below. This service was made by [method of service, e.g., certi­fied mail, properly addressed, return receipt requested, in a postpaid envelope deposited with the United States Postal Service].

SIGNED on ________________________________.

   
[Name of attorney]