law-motion-to-show-authority | Rule 12 Motion | Tex. R. Civ. 12 | TRCP 12

MOTION TO SHOW AUTHORITY - RULE AND CASE LAW

In relevant part, rule 12 states:

A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that
he believes the suit or proceeding is being prosecuted or defended without authority, cause the
attorney to be cited to appear before the court and show his authority to act. The notice of the motion
shall be served upon the challenged attorney at least ten days before the hearing on the motion. At the
hearing on the motion, the burden of proof shall be upon the challenged attorney to show sufficient
authority to prosecute or defend the suit on behalf of the other party.  Tex. R. Civ. P. 12.

Once the motion to show authority is filed, the challenged attorney has the burden of proof to show
sufficient authority to represent the client. Air Park-Dallas Zoning Comm. v. Crow-Billingsley Airpark,
Ltd., 109 S.W.3d 900, 905 (Tex. App.-Dallas 2003, no pet.) If sufficient authority is not shown, the
attorney is not permitted to appear in the cause. Id. Further, if no authorized person appears, the court
shall strike the pleadings on file. Id.


McCrimmon v. Taylor (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Bland)
(nonlawyer
pro se party may not sue as next friend of another adult, unauthorized practice of law, motion to show
authority, TRCP 12)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00644-CV Mae H. McCrimmon & Lula Mae Creton v. Barron Taylor d/b/a B-Sure Mortgate, et al.
Appeal from 280th District Court of Harris County
Trial Court Judge: The Honorable
Tony Lindsay


Philips v. Philips (Tex.App.- Houston [1st. Dist.] Oct. 18, 2007)(Hanks)(Rule 12 motion, MNT)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Hanks
Before Justices Taft, Hanks and Higley
01-06-00526-CV Patricia Phillips v. Charles T. Phillip
Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Roy M. Quintanilla)




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