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Rule 104. If Officer Disqualified


If there is no officer qualified to serve the process in a particular suit in the county in which the same is to be executed, the judge of the court in which said cause is pending may enter an order in the cause directing that all process to be executed in said county shall be served by a resident citizen of such county, to be designated in said order, and thereupon such person so designated shall have full power and authority as an officer of the court to execute any such process or writ and make due return thereof as in other cases. But in every such case a certi­fied copy of such order shall be attached to all such process or writs.

Source: Art. 2024.

Change: The rule shortens the article. It permits service in the first instance by a resident citizen of the county of service, instead of the sheriff of some adjoining county.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of July 15, 1987, eff. Jan. 1, 1988. Rule is rendered unnecessary, see Rule 103.