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Rule 686. Citation (1943)

TEXT

Upon the filing of such petition and order not pertaining to a suit pending in the court, the clerk of such court shall issue a citation to the defendant as in other civil cases, which shall be served and returned in like manner as ordinary citations issued from said court; provided, however, that when a temporary restraining order is issued and is accompanied with a true and correct copy of plaintiff's petition, it shall not be necessary for the citation in the original suit to be accompanied with a copy of plaintiff's petition, nor contain a statement of the nature of plaintiff's demand, but it shall be sufficient for said citation to refer to plaintiff's claim as set forth in a true and correct copy of plaintiff's petition which accompanies the temporary restraining order; and provided, further, that the court may have a hearing on an application for a temporary restraining order, or temporary injunction, at such time and upon such reasonable notice as he may direct.

Amended by order of June 16, 1943, eff. Dec. 31, 1943: The last proviso has been added.

ADVISORY OPINIONS

Question: Does the provision of Rule 686 to the effect that when a temporary restraining order is issued "accompanied with a true and correct copy of the plaintiff's petition" and dispensing with the necessity of attaching a copy of the plain­tiff's petition to the citation in the original suit, require that the clerk's certificate of a true copy be attached to the copy of the petition accompanying the temporary restraining order?

Answer: Yes. Rule 686 carried forward with minor textual changes Article 4655 of the Revised Statutes of 1925 and adopted the interpretation of, and prevailing practice under, the statute. So construed the clear intendment of Rule 686 is that the copy of the petition accom­panying the temporary restraining order must be certified by the clerk as being "a true and correct copy."

5 Tex. B.J. 15 (1942) reprinted in 8 Tex. B.J. 6 (1945).