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Rule 594. Form of Writ


The following form of writ may be issued:

"The State of Texas.

To the Sheriff or any Constable of any County of the State of Texas, greeting:

"We command you that you attach forthwith so much of the property of C. D., if it be found in your county, repleviable on security, as shall be of value sufficient to make the sum of ________________ dollars, and the probable costs of suit, to satisfy the demand of A. B., and that you keep and secure in your hands the property so attached, unless replevied, that the same may be liable to further proceedings thereon to be had before our court in ____________, County of _______________ .

You will true return make of this writ on or before 10 a. m. of Monday, the _________ day of ___________, 19 _____ , showing how you have executed the same."

Source: Art. 284.

Change: Direction of the writ to officers generally in harmony with Rule 593, and change of return date in harmony with Rule 606.

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


(No. 67) Question: What direction respecting the time of return should be contained in a writ of attachment issued out of a justice court? See Rules 533, 594, and 606.

Answer: It is the opinion of the sub­committee that the matter is regulated by the jurisdictional statutes, Articles 275 et seq., and Rule 606. The writ of at­tachment should therefore direct the officer executing the same to return it to the court from which if issued "at or before 10 o'clock a. m. of the Monday next after the expiration of fifteen days from the date of the issuance of the writ."

The specific rules governing the practice in the justice courts (Rules 523 to 591, both inclusive) do not provide for the time of the return of a writ of attachment but such time is specifically provided for by Rule 606, the source of which is old Article 298 with the return date changed to read from "the first day of the next term there­of" to "at or before 10 o'clock a. m. of the Monday next after the expiration of fifteen days from the date of issuance of the writ." By force of Articles 275, et seq. and Rule 606 the rules relating to ancil­lary proceedings (Part VI, Rules 529, et seq.) are applicable.

5 Tex. B.J. 427 (1942) reprinted in 8 Tex. B.J. 27 (1945).