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Rule 190. Notice by Publication


In all civil suits where it shall be shown to the court, by affidavit filed therein, that either party is beyond the jurisdiction of the court, or that he cannot be found or has died since the commencement of the suit and such death has been suggested at a prior term of court, so that the notice and copy of interrogatories cannot be served upon him for the purpose of taking depositions, and such party has no attorney of record upon whom they can be served, or if he be deceased and all the persons entitled to claim by or through such deceased defendant have not made themselves parties to the suit, and are unknown, the party wishing to take depositions may file his interrogatories in the court where said suit is pending, and the clerk of such court or justice of the peace shall thereupon cause a notice to be published in some newspaper in the county where the suit is pending, if there be a newspaper published in said county, but if not, then in the nearest county where a newspaper is published, once each week for two (2) consecutive weeks, stating the number of the suit, the names of the original parties, in what court the suit is pending, name and residence of the witness to whom the interrogatories are propounded, and that a commission will issue on or after the fourteenth day after the first publication to take the deposition of such witness, at the expiration of which time such clerk or justice shall, on the application of the party filing such interrogatories, his agent or attorney, issue a com­mission as in other cases.

Source: Acts 1939, 46th Leg., p. 327, Sec. 1, amending Art. 3740, with minor textual change.

Caveat: The 1939 Act took effect after the Rule Making Act.

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


July 21, 1970, eff. Jan. 1, 1971

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.