Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
MOTION TO SHOW AUTHORITY
COMES NOW, _________________________________, a living man without benefit of counsel,
hereinafter known as the Accused, believes that the prosecutor is without
authority to represent THE STATE OF TEXAS and moves this court to instruct the
prosecutor to prove authority under Rule 12 of the Texas Rules of Court that
he/she is duly authorized to represent the party of which he/she claims. The
Accused asks for a continuance until which time, the acting prosecutor brings
forth and files in the record, certified documented proof of such authority or
in the alternative, the Accused asks for a Dismissal of all charges, as the Plaintiff
has failed to appear at the hearing.
Respectfully submitted,
_________________________________
VERIFICATION
STATE
OF TEXAS §
COUNTY
OF ____________ §
On
this day, ________________________ appeared before me, the undersigned notary
public, and after I administered an oath to
__________, upon ___________ oath, ___________ said ____________ read
the Motion to Show Authority, and the facts stated in it are within __________
personal knowledge and are true and correct.
_____________________________
SWORE or
AFFIRMED TO and SUBSCRIBED before me by _________________________ on
_______________, 201__.
SEAL
____________________________
Notary Public in and for
the State of Texas
CERTIFICATE OF SERVICE
I hereby
certify that a true and correct copy of the forgoing has been delivered to the
following party or counsel of record via delivery confirmation, hand delivery
or fax on this ______ day of
________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
ORDER FOR MOTION TO SHOW AUTHORITY
On
________________, 201__, the court considered the Accused,
_________________________________ motion to show authority on the above
Cause(s). After considering the evidence and authority so shown, the court
orders said Motion should be
Granted and Orders acting Prosecutor to bring
forth certified documented proof of authority to represent Plaintiff within 30
days or this case will be dismissed.
Denied, Grounds Being
________________________________________________
______________________________________________________________________________
Signed and
entered this day of , 201__.
SEAL
_____________________________
Judge
Presiding
INSTRUCTIONS
This document was created as to make the acting
prosecutor show his authority to represent the State of Texas, or
County or Municipality. Just another appeal issue to have the case dismissed,
because the other party was not represented by counsel. Always put this motion
in. Read it and understand it. It needs to be filed at least 10 days before the
pre-trial.
This document requires to be notarized, by the rules.
Do
not have a page number on the ORDER – you may need to cut and paste to a new document.
Original is filed with the court clerk, copy served on
the prosecutor, a copy for you.
Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’
or County.
Line 3: Put
either ‘In the City of (whatever City)”, “Precinct (whatever number)” or
“(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper
and Lower Caps.
There is a space left for you
to put a “wo” in front of ‘man’ if need be.
Line 7: Sign your name, print
your name in Upper and Lower Caps then below that print your address.
Line 8: Put the County where
you get the document Notarized – like – “Galveston”.
Line 9: Put your name in Upper
and Lower Caps.
Line 10: Put either ‘him’ or
‘her’.
Line 11: Put either ‘his’ or
‘her’.
Line 12: Put either ‘he’ or
‘she’.
Line 13: Put either ‘he’ or
‘she’.
Line 14: Put either ‘his’ or
‘her’.
Line 15: Sign your name, only
in front of the Notary.
Line 16: Print your name in
Upper and Lower Caps.
Line 17: Leave for Notary to
put in the month and day.
Line 18: Leave for Notary to
put in the year.
Line 19: Leave for the Notary
to sign.
Line 20: Put the numbered day
of the Month that you serve a copy of this document to the prosecutor.
Line 21: Put the name of the
Month that you serve a copy of this document to the prosecutor.
Line 22: Put the last number of
the year that you serve a copy of this document to the prosecutor. – like - 2013
.
Line 23: Put “ Prosecutor for (Whatever Court)
Line 24: Put the street address where the prosecutor will
be served.
Line 25: Put the City, State and Zipcode where the
Prosecutor will be served.
Line 26: Sign your name, then
below print your name in Upper and Lower Caps then below that print your
address.
NEW DOCUMENT - ORDER
Line 1: Where you put the cause
numbers of the case.
Line 2: Put either ‘Municipal’,
‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in Upper
and Lower Caps.
Line 5: Put whatever county the
court is in – like – “Galveston”.
Leave rest for the Judge to
fill out.
Original goes to the clerk of the court, one copy to the
Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction
sheets.
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