Texas § 1051.055 SERVICE ON PARTY'S ATTORNEY OF RECORD.

Texas Statutes

§ 1051.055 — SERVICE ON PARTY'S ATTORNEY OF RECORD.

Texas·Code ES Estates Code

Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD.

(a)If a party is represented by an attorney of record in a guardianship proceeding, including a proposed ward who has been personally served with notice of the proceeding and is represented by an attorney ad litem, a citation or notice required to be served on the party shall be served instead on that attorney.

(b)A notice served on an attorney under this section may be served by delivery to the attorney in person or by a qualified delivery method.

(c)A notice or citation may be served on an attorney under this section by:

(1)another party to the proceeding;

(2)the attorney of record for another party to the proceeding;

(3)an appropriate sheriff or constable; or

(4)another person competent to testify.

(d)Each of the following is

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Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If a party is represented by an attorney of record in a guardianship proceeding, including a proposed ward who has been personally served with notice of the proceeding and is represented by an attorney ad litem, a citation or notice required to be served on the party shall be served instead on that attorney.
(b) A notice served on an attorney under this section may be served by delivery to the attorney in person or by a qualified delivery method.
(c) A notice or citation may be served on an attorney under this section by:
(1) another party to the proceeding;
(2) the attorney of record for another party to the proceeding;
(3) an appropriate sheriff or constable; or
(4) another person competent to testify.
(d) Each of the following is prima facie evidence of the fact that service has been made under this section:
(1) the written statement of an attorney of record showing service;
(2) the return of the officer showing service; and
(3) the affidavit of a person showing service.
(e) Except as provided by Section 1051.105 , an attorney ad litem may not waive personal service of citation.

Texas § 1051.055 (SERVICE ON PARTY'S ATTORNEY OF RECORD.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785 ), Sec. 5, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 5, eff. September 1, 2023.