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Rule 126. Fee for Service of Process in a County Other Than in the County of Suit (2016)

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(a) General Rule: Fee Due Before Service. A sheriff or constable may require payment before serving process in a case pending in a county other than the county in which the sheriff or constable is an officer.

(b) Exception: Statement of Inability to Afford Payment of Court Costs Filed. If a Statement of Inability to Afford Payment of Court Costs has been filed in a case in which the declarant requests service of process in a county other than in the county of suit, the clerk must indicate on the document to be served that a Statement of Inability to Afford Payment of Court Costs has been filed. The sheriff or constable must execute the service without demanding payment.

Amended by order of Aug. 31, 2016, eff. Sept. 1, 2016.

AMENDMENTS