Basics Civil Process TCLEOSE 3131 24 Hrs John

Basics Civil Process TCLEOSE 3131 24 Hrs. John Steinsiek Chief Deputy (Retired) 2009 Copyright John Steinsiek 1

2009 Copyright John Steinsiek 2

John Steinsiek (Page iv) • Over 40 years experience in law enforcement • 24 years in civil law enforcement • Lexis. Nexis author “Civil Process for Texas” • Master Peace Officer-Civil Proficiency. Instructor-Chair Civil Process and Liability. TCLEOSE 2009 Copyright John Steinsiek 3

Course Goal • The student will understand the flow and progression of civil suits within our justice system • The student will understand the duties and liability that are inherent in the service and execution of civil process • The student will understand the rules, codes and laws that govern the service and execution of civil process 2009 Copyright John Steinsiek 4

TEXTBOOK • Lexis. Nexis – • Civil Process for Texas • The book is part of the course registration is yours to keep.

Course Reference Materials • Civil Process for Texas (Lexis) • Page viii • The course was prepared from information found within the codes listed under “Abbreviations” 2009 Copyright John Steinsiek 6

Rule of Civil Procedure #1 • Rule 1 — The objective of the Rules of Civil Procedure is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law. To the end that this objective may be attained with as great expedition and dispatch and at the least expense both to the litigants and to the state as may be practicable, the rules shall be given a liberal construction 2009 Copyright John Steinsiek 7

The Constitution • The Constitution of the United States and The Constitution of Texas were founded on the principle that all people were created equal in the eyes of the law and that the individual has the right to due process within the legal system. 2009 Copyright John Steinsiek 8

Where can I go to Serve Process • AG Opinion No. GA-0113 • Based on the 4 th amendment to the United State Constitution—we have access only to the space the general public has access to for the purpose of service of civil process • Issued October 3, 2003 2009 Copyright John Steinsiek 9

Computation of Time (8) • Rule 4 • In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. 2009 Copyright John Steinsiek 10

• The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be counted for any purpose in any time period of five days or less in these rules, except that Saturdays, Sundays and legal holidays shall be counted for purposes of the three–day periods in Rules 21 and 21 a, extending other periods by three days when service is made by registered or certified mail or by telephonic document transfer, and for purposes of the five– day periods provided for under Rules 748, 749 a and 749 c. 2009 Copyright John Steinsiek 11

Cost & Fees (3) • (Tex. Local Gov’t Code 118. 131) • The sheriff and constable fees are established October 1 st each year to become effective on January 1 st of the following year. The fee is based on the cost to provide the service. This fee is due if the paper is served or attempted to be served. 2009 Copyright John Steinsiek 12

• The county has expended funds when the document is received for service. If a fee is not listed in the fee schedule it cannot be charged. 2009 Copyright John Steinsiek 13

Attorney 2009 Copyright John Steinsiek 14

The civil Wrong Occurs The Parties can not settle the dispute One of the parties files a civil suit against the other Filing party becomes the plaintiff Other party becomes the defendant 2009 Copyright John Steinsiek 15

Filing of Suits • Filed in the proper jurisdiction—Page 9 • The party who files the suit is the Plaintiff • The Plaintiff maybe represented by an attorney • At the time of filing the Plaintiff files a petition stating the grounds for the suit and what he wants if the results are in his favor. 2009 Copyright John Steinsiek 16

Citations Prejudgment documents Post judgment documents Other Writs 2009 Copyright John Steinsiek 17