Thursday, August 20, 2009

TRCP 8: Attorney in Charge - Who is it?

Tex. R. Civ. P. 8 (eight) governs how counsel becomes attorney in charge for a party, and how another attorney may be substituted in that capcity, role: First signed, first on the hook as attorney in charge. Later change in lead attorney requires (re)designation in writing with notice to all. Whichever attorney is formally doing duty as attorney in charge is the one that must be served under Rule 21a.

RULE 8. ATTORNEY IN CHARGE

On the occasion of a party's first appearance through counsel, the attorney whose signature first
appears on the initial pleadings for any party shall be the attorney in charge, unless another ttorney is specifically designated therein. Thereafter, until such designation is changed by written notice to the court and all other parties in accordance with Rule 21a, said attorney in charge shall be responsible for the suit as to such party.

All communications from the court or other counsel with respect to a suit shall be sent to the attorney in charge.

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