Texas Estates Code 1051.055 – Service On Party’s Attorney of Record
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(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.
Terms Used In Texas Estates Code 1051.055
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Testify: Answer questions in court.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 1051.105, an attorney ad litem may not waive personal service of citation.