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Rule 124. No Judgment Without Service (1984)


In no case shall judgment be rendered against any defendant unless upon service, or acceptance or waiver of process, or upon an appearance by the defendant, as prescribed in these rules, except where otherwise expressly provided by law or these rules.

When a party asserts a counterclaim or a cross-claim against another party who has entered an appearance, the claim may be served in any manner prescribed for service of citation or as provided in Rule 21(a).

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The last sentence clarifies the present uncertainty as to whether service of a counterclaim must be by citation. The amendment is that service of a counterclaim may be done in any manner pre­scribed for service of citation and also pursuant to Rule 21(a).

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941