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Rule 194. Requisites of Commissions


The style of the commission shall be "The State of Texas." It shall be dated and tested as other process; be addressed to the several officers named in Art. 3746 of the Revised Civil Statutes of Texas, 1925, and shall authorize and require them, or either of them, to summon the witness before him forthwith, and to take his answers under oath to the direct and cross­interrogatories, if any, a copy of which shall be attached to such commission, and to return without delay the commission and interrogatories, and the answers of the witness thereto, to the clerk or justice of the proper court, giving his official and post­office address.

Source: Art. 3745, unchanged.

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

For context only: Art. 3746. Officers Authorized to Execute Commission. The commission shall be addressed to the following officers, either of whom may execute and return the same:

1. If the witness be alleged to reside or be within the State, to any clerk of the district court, any judge or clerk of the county court, or any notary public of the proper county.

2. If the witness be alleged to reside or be without the State, and within the United States, to any clerk of a court of record having a seal, any notary public, or any commissioner of deeds duly appointed under the laws of this State within some other state or territory.

3. If the witness is alleged to reside or be without the United States, to any notary public or any minister, commissioner or charge d'affaires of the United States resident in, and accredited to, the country where the deposition may be taken, or any consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul or consular agent of the United States resident in such country.


Oct. 10, 1945,eff. Feb. 1, 1946

March 19, 1957, eff. Sept. 1, 1957

Repealed by order of July 21,1970, eff. Jan. 1, 1971.