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Rule 591. Trial De Novo

TEXT

The cause shall be tried de novo in the county or district court; and judgment shall be rendered as in cases appealed from justice courts.

Source: Art. 959, unchanged.

For context only: Art. 960. Appeals and Writs of Error. Appeals and writs of error from the judgments of the county or district court, in cases of certiorari from justice courts shall be allowed, subject to such rules and limitations as apply in cases appealed from justices' courts.

Oct. 29, 1940, eff. Sept. 1, 1941. Repealed by order of April 15, 2013, eff. Aug. 31, 2013.

ADVISORY OPINIONS

(No. 95) Question: First - Do the New Rules authorize citation by publication in suits filed in justice courts? Second - Does non-resident notice constitute good process out of the justice court? Third - Do the New Rules authorize the issuant of writ of attachment out of justice courts?

Answer: The rules do authorize citation by publication in suits pending in a justice court. Rule 535 expressly provides for the service of citation by publication in justice court suits and specifies the time that the defendant shall file an answer when the citation is served by publication. Rule 523 provides that all rules governing district and county courts shall also govern the justice courts in so far as they can be applied, except where otherwise specifically provided by law or the rules. Under this provision Rule 109 authorizing citation by publication in district and county courts is also applicable to justice courts.

In response to question No. 2 as to whether non-resident notice is good process out of the justice court, it is our opinion that such notice has the same validity under the new rules as it did under the statutes.

In regard to question No. 3 as to writ of attachment issuing out of the justice court, it is our opinion that such writs are expressly authorized by Articles 275, 281 (not repealed) and282 (the unrepealed part). The form and procedure concerning such writs is outlined by Rules 592 to 609 in the section of the rules relating to attachment.

6 Tex. B.J. 164 (1943) reprinted in 8 Tex. B. J. 35 (1945).