Form 6-8

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

Motion for Security for Costs

This Motion for Security for Costs is brought by [name of movant], Attorney Ad Litem, who shows in support:

1.[Name of movant] was appointed as attorney ad litem on [date].

2.[His/Her] fees and expenses in this proceeding are an item of court costs to be taxed as part of this proceeding at the discretion of the Court as a matter of law. The fees and expenses are expected to be $[amount].

3.[Name of party], [Applicant/Plaintiff], has not given sufficient security for costs.

4.In accordance with section 1053.052 of the Texas Estates Code and rule 143 of the Texas Rules of Civil Procedure, Attorney Ad Litem requests that [Applicant/Plaintiff] be ordered to give security for costs.

Attorney Ad Litem requests that the Court set this Motion for Security for Costs for hearing and on hearing require [Applicant/Plaintiff] to give security for costs in accordance with section 1053.052 of the Texas Estates Code and rule 143 of the Texas Rules of Civil Pro­cedure.

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 for Leave to Resign as Guardian] 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]