Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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
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(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.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 207,Sec. 5, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 123,Sec. 5, eff. 9/1/2023, app. only to an action filed or a guardianship proceeding commenced on or after the effective date of this Act.Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. 1/1/2014.