MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. BOX 1254a 

Austin. TX. 78711 

512/475-2501 

Telex 9104874-1367 

Telecopier 512M754266 

1M)7 Main St.. Suite 1400 

Dallas. TX. 75201 

214n428944 

4824 Albefla Ave.. SUite 160 

El Paso. TX. 79905 

9151533-3464 

1220 Dallas Ave.. Suite 202 

Hou?~ton. TX. 77002 

7136500666 

806 Broadway. Suite 312 

Lubbock. TX. 79401 

Msl747+238 

4302 N. Tenth. Suite 0 

McAllen. TX. 78501 

3126824547 

2W Main Plaza, Suite UXJ 

San Antonio. TX. 78205 

51212254191 

The Attorney General of Texas 

November 19, 1981 --- 

l 

This Or;nion 

Aiiirms Oninkm I 

1 # . ..@!&&L 1 -_-_ 

Honorable Henry Wade 

Criminal District Attorney 

Condemnation Section 

Sixth Floor, Records Building 

Dallas, Texas 75202 

Opinion No. MW-392 

Re: Representation of corporations by non-attorneys in small 

claims court 

Dear Mr. Wade: 

You ask for a re-examination of our conclusion in Attorney 

General Opinion MU-312 (1981). In this opinion, we concluded that a 

corporation must be represented by an attorney in county court or 

county court at law in cases involving an appeal to that court from 

the small claims court. Attorney General Opinion H-538 (1975) 

concluded that a non-lawyer could represent a corporation in small 

claims court. This result was based on the specific statutory 

language of section 2 of article 2460a, V.T.C.S., as well as the 

policies underlying the small claims court statute. Attorney General 

Opinion MW-312 (1981) found no statutory authority for a non-lawyer to 

represent a corporation on appeal from the small claims court to the 

county court. Section 12 of article 2460a. the statute governing the 

small claims court. provides that a party could appeal to the county 

court or county court at lav “in the same manner as is now provided by 

statute for appeals from the justice court to the County Court.” 

Thus, Attorney General Opinion HW-312 concluded that the trial de nova 

in county court would be governed by Rule 7 of the Texas Rules of 

Civil Procedure, which permits individuals, but not corporations. to 

represent themselves in court. Globe Leasing, Inc. v. Engine Supply 

and Machine Service, 437 S.W.Zd 43 (Tex. Civ. App. - Houston [lst 

Diat.] 1969, no writ). 

You suggest that section 13 of article 2460a should require a 

different result. This statute provides in part: 

The trial on appeal shall be de nova. but no 

further pleadings shall be required and the 

procedure shall be the same as that her= 

prescribed for the Small Claims Court. (Emphasis 

added). 

We do not believe this language authorizes a non-attorney to represent 

~a corporation in the trial de nova In county court on appeal from the 

p. 1333 
r , l 

I 

.v, Honorsble Henry Wade - Page 2 (Mu-392) 

small claims court. Section 2 of article 2460a, V.T.C.S., the 

statutory basis for the non-lawyer’s appearance In small claims court, 

provides for the jurisdiction of the small claims court. Section 2 

does not establish procedure to be followed in the trial de nova on 

appeal. See Bvke v. City of Corpus Christi. 569 S.W.Zd 927, 931 (Tex. 

Clv. App. -Corpus Christi 1978, writ ref’d n.r.e.). In our opinion, 

“procedure” in the context of section 13 refers to pleadings, 

evidence, and the judge’s role in the trial. .V.T.C.S. art. 2460a. 

517. 9. 11. It does not determine who can practice in county courts. 

As we concluded in Attorney General Opinion MW-312. a corporation must 

be represented by an attorney in county court or county court at law 

in cases involving an appeal to that court from the small claims 

court. 

SUMMARY 

A corporation must be represented by an 

attorney in county court or county court at law in 

cases involving an appeal to that court from the 

small claims court. Section 13 of article 2460a. 

V.T.C.S., does not require a contrary result. 

A 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Susan L. Garrison 

Assistant Af?torney General 

APPROVED : 

OPINION COMMITTEE 

Susan L. Garrison. Chairman 

James Allison 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

p. 1334