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Rule 394. Issuance of Process (1984)


(a) Any writ of process issuing from any Court of Appeals shall bear the teste of the chief justice under the seal of said court and be signed by the clerk, and, unless otherwise expressly provided by law or by these rules, shall be directed to the party or court to be served, may be served by the sheriff or any constable of any county of the State of Texas within which such person to be served may be found, and shall be returned to the court from which it issued. Whenever such writ or process shall not be executed, the clerk shall issue another like process or writ upon the application of the party suing out the former writ of process.

(b) Any party who has appeared in person or by attorney in any proceeding in the Court of Appeals, or who has actual knowledge of the court's opinion, judgment, or order, shall be bound by such opinion, judgment, or order to the same extent as if personally served as provided in subdivision (a).

Amended by order of Dec. 5, 1983, eff. April 1, 1984: Subdivision (b) has been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986