A motion to show authority in Texas is a sworn written request under Rule 12 of the Texas Rules of Civil Procedure that forces an opposing lawyer to appear in court and prove the client actually authorized them to prosecute or defend the lawsuit. If the attorney cannot show that authority, the judge bars them from appearing in the case and strikes the pleadings they filed unless someone with proper authority steps in.1Texas Judicial Branch. Texas Rules of Civil Procedure
What the Motion Is For
Rule 12 exists to flush out unauthorized representation. The question it answers is narrow: was this specific lawyer actually hired or authorized by this specific client to handle this specific case? It is not about whether the attorney holds a valid Texas law license, and it is not a vehicle for attacking the merits of the case or the quality of the lawyering.
The rule applies evenhandedly. It reaches attorneys prosecuting a case for a plaintiff and attorneys defending one for a defendant.1Texas Judicial Branch. Texas Rules of Civil Procedure Corporate disputes are where challenges surface most often. A faction inside a company may direct a lawyer to file suit the board never approved, or an individual may learn their name is on a petition they never agreed to. Rule 12 gives the opposing party a formal way to stop the courts from being used to advance interests the named party does not actually support.
Who Can File and By When
Only a party already in the lawsuit can bring the motion. The court cannot raise the issue on its own.1Texas Judicial Branch. Texas Rules of Civil Procedure You do not need airtight proof going in, but you do need a real basis to question the attorney’s authority. A motion that looks like a stalling tactic will not get traction with the judge.
The timing window is wide but not unlimited. The motion can be heard and decided at any point before the parties announce ready for trial. The rule also says the trial cannot be unnecessarily continued or delayed to hear the challenge.1Texas Judicial Branch. Texas Rules of Civil Procedure Waiting until the eve of trial is risky. A judge can refuse to hold things up for a challenge that could have been raised months earlier.
What the Motion Must Say and How to Serve It
The motion has to be sworn and in writing. Sworn means signed before a notary or made under penalty of perjury.1Texas Judicial Branch. Texas Rules of Civil Procedure An unsworn motion does not trigger the court’s duty to hold a hearing, and this is the most common drafting mistake people make.
At a minimum, the motion must state your belief that the suit is being prosecuted or defended without authority. Beyond that bare requirement, specific facts help. If you know the board never passed a resolution authorizing the lawsuit, say so. If the named plaintiff told you directly they never hired the attorney, lay out the circumstances. Concrete facts make it harder for the judge to treat the motion as a fishing expedition.
Include the standard case caption with the cause number, court, and party names, and identify Rule 12 as the basis for the request. After filing with the clerk, serve the motion on the challenged attorney at least ten days before the hearing.1Texas Judicial Branch. Texas Rules of Civil Procedure
What Happens at the Hearing
At the hearing, the burden flips entirely. You do not have to prove the attorney lacks authority. The attorney has to prove they have it.1Texas Judicial Branch. Texas Rules of Civil Procedure That is unusual. In most contexts, the party making the accusation carries the burden. A sworn Rule 12 motion shifts that weight to the other side.
Rule 12 does not spell out what evidence satisfies the burden. In practice, attorneys produce a signed engagement letter, a retainer agreement, a corporate resolution authorizing the litigation, or testimony from the client confirming the relationship. The judge needs a straight answer to a straight question: did the client authorize this lawyer to handle this case? Any credible evidence answering yes should do it.
What the Court Does If Authority Is Not Shown
If the attorney cannot show authority, the court must take two steps. The judge bars the attorney from appearing in the case going forward. Then, if no other person who is authorized to prosecute or defend the case steps in, the court strikes the pleadings that attorney filed.1Texas Judicial Branch. Texas Rules of Civil Procedure Striking the pleadings erases the legal positions that attorney put before the court.
The practical impact depends on which side the attorney was on. If the unauthorized attorney represented the plaintiff and no authorized replacement appears, striking the pleadings can end the case. If the attorney represented the defendant, striking the answer can leave the defendant with no response on file, which opens the door to a default judgment. The rule’s language is mandatory. The court “shall refuse” to permit the attorney to appear and “shall strike” the pleadings if no authorized person steps forward, which leaves the judge little room to let a lawyer stay on after finding no authority.
Appeals
Texas appellate courts treat a trial court’s finding on attorney authority as a conclusion of law and review it de novo. That means the appellate court takes a fresh look at the evidence and reaches its own conclusion, rather than deferring to the trial judge. De novo is a more favorable standard for the appealing party than the abuse-of-discretion standard that applies to many other trial court rulings.
If the trial court wrongly struck your pleadings or dismissed your case under Rule 12, that fresh-look standard gives you a real chance on appeal. The same is true in reverse: if the trial court let an attorney stay in the case on thin evidence of authorization, the opposing party can challenge that ruling under the same standard. Either way, build a clear record at the hearing. The appellate court will decide the question on whatever evidence was put in front of the trial judge.