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Rule 21a. Notice

TEXT

Every notice required by these rules, other than the citation to be served upon the filing of a cause of action, and except as otherwise expressly provided in these rules, may be served by delivering a copy of the notice or of the document to be served, as the case may be, to the party to be served, or his duly authorized agent, or his attorney of record, either in person or by registered mail to his last known address, or it may be given in such other manner as the court in its discretion may direct. It may be served by a party to the suit or his attorney of record, or by the proper sheriff, or constable, or by any other person competent to testify. A written statement by an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. If the time of service is not elsewhere prescribed, the adverse party is entitled to three days' notice of a motion not relating to a pending suit. Notice of a motion in a suit pending is given by filing the motion and its entry in the motion docket. The provisions hereof relating to the method of service of notice are cumulative of all other methods of service prescribed by these rules.

Source: This is a new rule, added by order of Aug. 18, 1947, eff. Dec. 31, 1947.

AMENDMENTS

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

Oct. 3, 1972, eff. Feb. 1, 1973

July 11, 1977, eff. Jan. 1, 1978

June 10, 1980, eff. Jan. 1, 1981

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

April 24, 1990, eff. Sept. 1, 1990