law-motion-to-show-authority-TRCP-12

TRCP 12 - RULE 12 MOTION

Rule 12 provides that a party may file a sworn motion stating that the party believes the suit or proceeding
is being prosecuted or defended without authority and cause the challenged attorney to appear before the
court to show his authority to act on behalf of the other party. Tex. R. Civ. P. 12; Boudreau v. Fed. Trust
Bank, 115 S.W.3d 740, 741 (Tex. App.-Dallas 2003, pet. denied). At the hearing on the motion, the burden
of proof is on the challenged attorney to show his authority to prosecute or defend the suit. Tex. R. Civ. P.
12; Boudreau, 115 S.W.3d at 741. The primary purpose of rule 12 is to enforce a party's right to know who
authorized the suit. See Angelina Cnty. v. McFarland, 374 S.W.2d 417, 422-23 (Tex. 1964); Boudreau,
115 S.W.3d at 742.

We review a trial court's ruling on a motion to show authority for an abuse of discretion. See Urbish v.
127th Judicial Dist. Court, 708 S.W.2d 429, 432 (Tex. 1986).

Rule 12 provides that a party may file a sworn motion stating that the party believes the suit or proceeding
is being prosecuted or defended without authority and cause the challenged attorney to appear before the
court to show his authority to act on behalf of the other party. Tex. R. Civ. P. 12; Boudreau v. Fed. Trust
Bank, 115 S.W.3d 740, 741 (Tex. App.-Dallas 2003, pet. denied). At the hearing on the motion, the burden
of proof is on the challenged attorney to show his authority to prosecute or defend the suit. Tex. R. Civ. P.
12; Boudreau, 115 S.W.3d at 741. The primary purpose of rule 12 is to enforce a party's right to know who
authorized the suit. See Angelina Cnty. v. McFarland, 374 S.W.2d 417, 422-23 (Tex. 1964); Boudreau,
115 S.W.3d at 742.

We review a trial court's ruling on a motion to show authority for an abuse of discretion. See Urbish v.
127th Judicial Dist. Court, 708 S.W.2d 429, 432 (Tex. 1986).
08-0425          
KENNETH J. MAGNUSON v. CITIBANK (SOUTH DAKOTA) N.A.; from Denton County; 2nd district
(02-06-00465-CV, ___ SW3d ___, 02-14-08, pet. denied Aug 2008)
(
credit card suit, Rule 12 motion, failure to appear)


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