Aug 2009
New Citation Not Necessary for Amended Petition
August 15, 2009
The long-time rule has been that a new citation must
be issued and served when a petition amends his or
her pleadings to seek more onerous relief. But in
In re: E.A., 287 S.W.3d 1 (Tex. 2009), the
Texas Supreme Court held that an amended petition
could be served under Tex. R. Civ. P. 21 - or in
other words, by certified mail, return receipt
requested. But as a a practical matter, a lawyer who
does not receive a signed green card must have the
opposing party personally served with amended
pleadings. Doesn't everyone pick up his certified
mail? Not!
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas