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Rule 394. Issuance of Process


Any writ or process issuing from any Court of Civil Appeals shall bear the teste of the Chief Justice under the seal of said court and be signed by the clerk thereof, and, unless otherwise expressly provided by law or by these rules, shall be directed to the party or court to be served, and 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 of such court shall issue another like process or writ upon the application of the party suing out the former writ or process.

Source: Art. 1825.

Change: Process is directed to the individual to be served, not to a particular county.

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


Dec. 5, 1983, eff. April 1, 1984

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.