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Rule 606. Return of Writ
TEXT
The officer executing the writ of attachment shall return the writ, with his action endorsed thereon, or attached thereto, signed by him officially; to the court from which it issued, 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. Such return shall describe the property attached with sufficient certainty to identify it, and state when the same was attached, and whether any personal property attached remains still in his hands, and, if not, the disposition made of the same. When property has been replevied he shall deliver the replevy bond to the clerk or justice of the peace to be filed with the papers of the cause.
Source: Art. 298.
Change: Return date changed from first day of the next term.
Oct. 29, 1940, eff. Sept. 1, 1941.
ADVISORY OPINIONS
(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).