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. Upon his failure to show such authority, the court shall refuse to permit the attorney to appear in the cause, and shall strike the pleadings if no person who is authorized to prosecute or defend appears. The motion may be heard and determined at any time before the parties have announced ready for trial, but the trial shall not be unnecessarily continued or delayed for the hearing.
Texas > Texas Rules of Civil Procedure > PART I – GENERAL RULES > RULE 12. ATTORNEY TO SHOW AUTHORITY
RULE 12. ATTORNEY TO SHOW AUTHORITY
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- Texas Disciplinary Rules of Professional Conduct
- Texas Rules of Appellate Procedure
- Texas Rules of Civil Procedure
- PART I – GENERAL RULES
- [RULE 14a. Repealed effective September 1, 1986]
- [RULE 8a. Suspended effective December 30, 2003]
- RULE 1. OBJECTIVE OF RULES
- RULE 10. WITHDRAWAL OF ATTORNEY
- RULE 11. AGREEMENTS TO BE IN WRITING
- RULE 12. ATTORNEY TO SHOW AUTHORITY
- RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS
- RULE 14. AFFIDAVIT BY AGENT
- RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS
- RULE 14c. DEPOSIT IN LIEU OF SURETY BOND
- RULE 2. SCOPE OF RULES
- RULE 3. CONSTRUCTION OF RULES
- RULE 3a. LOCAL RULES, FORMS, AND STANDING ORDERS
- RULE 4. COMPUTATION OF TIME
- RULE 5. ENLARGEMENT OF TIME
- RULE 6. SUITS COMMENCED ON SUNDAY
- RULE 7. MAY APPEAR BY ATTORNEY
- RULE 8. ATTORNEY IN CHARGE
- RULE 9. NUMBER OF COUNSEL HEARD
- PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
- PART III – RULES OF PRACTICE IN THE BUSINESS COURT
- PART IV – RULES OF PRACTICE FOR THE SUPREME COURT [REPEALED]
- PART V – RULES OF PRACTICE IN JUSTICE COURTS
- PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
- PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
- PART VIII – CLOSING RULES
- PART I – GENERAL RULES
- Texas Rules of Evidence
- Texas Rules of Judicial Administration
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