Rule 12.Attorney to Show Authority

Last verified June 28, 2026

In one sentenceRule 12 lets a party challenge whether a lawyer truly has authority to bring or defend a suit: a sworn motion forces the attorney to appear and prove authority, with at least ten days’ notice and the burden on the attorney.

Full Text of Rule 12

Text size

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.

End

Plain-English Summary

Rule 12 gives a party a way to test whether an attorney on the other side has authority to represent the party that lawyer claims to. By sworn written motion stating a belief that the suit is being prosecuted or defended without authority, a party can have the attorney cited to appear and show authority to act.

The challenged attorney must get at least ten days’ notice before the hearing, and at the hearing carries the burden of proving sufficient authority. If the attorney cannot, the court refuses to let the attorney appear in the case and strikes the pleadings if no one authorized steps forward. The motion can be decided any time before the parties announce ready for trial, but it cannot be used to delay trial unnecessarily.

Frequently Asked Questions

What is a Rule 12 motion to show authority?

A sworn motion by a party asserting that a lawyer is prosecuting or defending the suit without authority. It forces the challenged attorney to appear and prove authority to act.

Who has the burden at a Rule 12 hearing?

The challenged attorney, who must show sufficient authority. The attorney must also receive at least ten days’ notice before the hearing.

What happens if the attorney cannot show authority?

The court refuses to let the attorney appear in the case and strikes the pleadings if no authorized person appears to prosecute or defend.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 12), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: attorney to show authoritymotion to show authoritychallenge attorney authorityshow authority to actTRCP 12