Information or instructions: Motion & order to sever. 1. The following form is used
to separate or sever one party in a cause of action from the other parties in ...
Information or instructions: Motion & order to sever
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1. The following form is used to separate or sever one party in a cause of action from the other parties in order to allow a final judgment to be obtained against the party being severed. Form: Motion to sever CAUSE NUMBER _____________________ [Name], PLAINTIFF
IN THE [Type of Court] COURT [Court number]
vs. [Name], DEFENDANT
PLEASE DO NOT COPY OF [NAME], COUNTY, TEXAS
MOTION TO SEVER [Name of party], [plaintiff or defendant], "Movant," files this Motion to Sever. 1.
On [Date], an [Agreed Motion to Dismiss or Interlocutory Judgment] was filed as to
Movant. 2.
In order to make the Court's Order a final order, Movant respectfully requests the Court to
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sever the cause of action and claims against Movant filed by [Name of party]. 3.
Severance of this portion of the cause will allow the judgment to become final so as to
remove Movant's Name from the case and end the Movant's necessity to continue to bear the burden of participating in this lawsuit. 4.
Furthermore, it would allow Movant to obtain the relief stated in the above-referenced
judgment. 5.
THANK YOU
Movant requests the Court to order the Clerk to docket the severed cause under Cause No. -
A and transfer to that cause number certified copies of the following: Plaintiff's Original Petition, the Original Answer filed by [Name of defendant], and [list all other pleadings].
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Movant requests the Court to sever the cause of action brought by [Name], against Movant,
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and that it grant such other and further general and special, legal and equitable relief to which Movant may be justly entitled. Respectfully Submitted, ______________________________ [Law Firm Name] By ____________________________
PLEASE DO NOT COPY ______________________________ [Attorney’s Name]
Attorney for [Plaintiff, Defendant or Movant] [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] CERTIFICATE OF SERVICE
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I certify that a true and correct copy of the foregoing pleading or document has been served upon all attorneys of record and any parties who are not represented by an attorney on _______________. Attorney for: Attorney’s name: Attorney’s address
[Other attorney’s client’s name] [Other attorney’s name] [Other attorney’s address]
Type of Service: ___ U.S. Mail, Certified Return Receipt Request No. ___________________. ___ U.S. Mail, First Class. ___ Hand delivery by [name of delivery service]: ___________________________. ___ Facsimile transmission to _____________________ [fax number] before 5 p.m.
THANK YOU _____________________ [Attorney’s signature]
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CAUSE NUMBER _____________________ [Name], PLAINTIFF
IN THE [Type of Court] COURT [Court number]
vs. [Name], DEFENDANT
OF [NAME], COUNTY, TEXAS
ORDER GRANTING MOTION TO SEVER On ___________________, the court considered the [ Movant’s name] Movant's Motion to
PLEASE DO NOT COPY
Sever the Movant from this cause.
After considering the motion, the court decided that the request should be granted. It is ORDERED that Plaintiff's cause of action against Movant be, and is severed from the original suit; that the Clerk docket the severed cause number as Cause No. -A with as Plaintiff and as Defendant, and that the Clerk transfer a certified copy of Plaintiff's Original Petition, the Original Petition, the Original Answer, and [identify other pleadings], from Cause No. to Cause No. -A.
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Signed on __________________. ___________________ JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: _____________________________ [Law Firm’s or Attorney’s Name] Attorney for [Plaintiff or Defendant] [Address] [Telephone & facsimile numbers] Texas Bar no. [Number]
THANK YOU
APPROVED AS TO FORM ONLY: _____________________________ [Law Firm’s or Attorney’s Name] Attorney for [Plaintiff or Defendant]
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[Address] [Telephone & facsimile numbers] Texas Bar no. [Number]
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PLEASE DO NOT COPY
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