Information & Instructions: Motion and Order for deposit of costs n order to secure attorney s fees for the attorney or guardian ad litem 1. Frequently a court appointed attorney, in order to secure attorney's fees, will file a Motion with the Court requesting the Petitioner and Respondent pay the attorney a retainer to secure the attorney's fees. 2. The following Motion assumes that the Attorney ad Litem has previously invoiced the parties for services rendered and the parties have refused or failed to pay the statement. Form: Motion to deposit for costs IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] MOTION TO DEPOSIT FOR COSTS IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS This Motion to Deposit for Costs is brought by [Attorney's Name], court-appointed [Attorney or Guardian] Ad Litem for the minor [child or children]. In support thereof, Movant shows: This is a suit involving a parent-child relationship, and Movant has been appointed to represent the interests of the [child or children]. Expenses have been incurred in representing the best interests of the [child or children]. Movant requests that Petitioner and Respondent be required to deposit sufficient funds to secure those expenses to be taxed as costs. Movant prays the Court grant this Motion to Deposit for Costs. Respectfully Submitted,
[Law Firm Name] By [Attorney s Name] [Attorney for Client Role] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] NOTICE OF HEARING The above motion to deposit for costs is set for hearing on [Date of Hearing], at [Hearing Time], in [Hearing Location]. SIGNED on. JUDGE PRESIDING CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing 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 requested no.. U.S. Mail, first class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s name]
Information & Instructions: Order to deposit for costs 1. The purpose of the following order is to enter an order into the Court compelling the parties to pay the costs incurred and fees owed to the Guardian ad Litem. 2. The following order was used in a divorce in which a Guardian ad Litem was appointed and the Respondent failed to pay the Guardian ad Litem's retainer for representing the parties in the divorce matter. 3. Accordingly, the Guardian ad Litem filed and proposed Ad Litem Cost Order to compel and Respondent to pay the fees due.
Form: Order to deposit for costs IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] ORDER TO DEPOSIT FOR COSTS IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS On [Hearing Date], the Court considered the Motion to Deposit for Costs of Movant, [Attorney Name]. 1. Order of the Court 1.1 IT IS ORDERED that [Petitioner Name], Petitioner, pay [directly to [Attorney's Name] or deposit with the District Clerk of [Suit County] county], as security for costs of Ad Litem, the amount of $[Amount], on or before [Date to Pay]. Failure of Petitioner to pay the funds in the manner ordered may result in the striking of Petitioner's pleadings and contempt of court. 1.2 IT IS ORDERED that [Respondent Name], Respondent, pay [directly to [Attorney Name] 1.3 It is FURTHER ORDERED that the District Clerk of [Suit County] County, upon deposit of the funds, release the amount of $[Attorney Fees] to [attorney name] as reasonable and necessary attorney's fees in this matter], 1.4 Failure of Respondent to pay the funds in the manner ordered may result in the striking of Respondent's pleadings and contempt of court. SIGNED on..
JUDGE PRESIDING
Form: Order on motion for disbursement of Ad Litem fees IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS ORDER ON MOTION FOR DISBURSEMENT OF AD LITEM FEES On, the Court considered the Motion For Disbursement To Ad-Litem For Attorney's Fees filed by the attorney Ad Litem, [Attorney's Name], and ORDERS: That said motion be GRANTED, and that the Attorney Ad Litem appointed herein by the Court, [Attorney's Name], shall be granted leave to withdraw $[Amount] from the IOLTA Account and to pay the same to himself for attorney's fees. SIGNED on. JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: [Law Firm s or Attorney s Name] Attorney for Plaintiff [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] APPROVED AS TO FORM ONLY: [Law Firm s or Attorney s Name]
Attorney for Defendant [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] [Respondent Name]