Opinion
14-20-00851-CV
07-29-2021
IN RE S.D, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS On Appeal from the 310th District Court Harris County, Texas Trial Court Cause No. 2012-69240
Panel consists of Justices Bourliot, Zimmerer, and Spain.
ORDER
PER CURIAM
On December 22, 2020, Mother filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, Mother asks this court to compel the Honorable Sonya Heath, presiding judge of the 310th District Court of Harris County, to vacate her November 23, 2020 temporary orders.
Relator's petition and mandamus record does not comply with the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.3(k)(1), 52.7(a)(1). To be a "certified or sworn copy," in accordance with Rule 52, the document must be certified by the trial court clerk or attached to either a properly prepared affidavit or an unsworn declaration pursuant to section 132.001 of the Civil Practices and Remedies Code. See Tex. Civ. Prac. &Rem. Code Ann. § 132.001.
The legislature has provided an alternate method of meeting the requirement of sworn copies- an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001. An unsworn declaration must be in writing and subscribed by the person making the declaration as true under penalty of perjury. Id. § 132.001(c). Section 132.001(d) sets forth the jurat relator may use in an unsworn declaration:
My name is, ___ (First) (Middle) (Last)
my date of birth is ____, and my address is _____ (Street) (City) (State) (Zip Code) and ____ (Country) I declare under penalty of
Perjury that the foregoing is true and correct.
Executed in ____ County, State of ____ on the ____ day of, _____ (Month) (Year)
(Declarant)Id. 132.001(d).
By this order, the court gives relator ten days' notice to supplement the first amended petition and mandamus record to comply with Rules 52.3(k)(1) and 52.7(a)(1). See generally Tex.R.App.P. 42.3(c) (notice of involuntary dismissal).