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

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Cell phones on vibrate
2009 Copyright John Steinsiek

3. John Steinsiek (Page iv)
Over 40 years experience in law enforcement
24 years in civil law enforcement
LexisNexis author “Civil Process for Texas”
Master Peace Officer-Civil Proficiency-Instructor-Chair Civil Process and Liability-TCLEOSE
Book has a biography on the instructor
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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
There will be objectives set for individual documents that will be covered in class.
2009 Copyright John Steinsiek

5. Civil Process for Texas
TEXTBOOK
LexisNexis –
Civil Process for Texas
The book is part of the course registration is yours to keep.
Each student receives a copy of the book signed by the instructor. It will be used expensively through out the entire course.

6. Course Reference Materials
Civil Process for Texas (Lexis)
Page viii
The course was prepared from information found within the codes listed under “Abbreviations”
Civil Process for Texas is the textbook for this class. The instructor will teach the student how to use this book as an effect tool in his dealing with the attorneys, courts and to research civil liability issues.
2009 Copyright John Steinsiek

7. 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
The legislations that created the Supreme court ability to write rules also put a safe guard in the legislations. That safe guard prohibits the court from establishing a rule the contradicts state law. It was designed to meet the constitution provision that only the legislature can make laws in this state.
There are times when the legislature enacts a law that may in effect change or void a rule. The Supreme Court Rules committee have been slow to implement changes.
2009 Copyright John Steinsiek

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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.
You as officers have the responsibility to up hold the constitution. Your service is the assents of the belief that our citizens are entitle to there day in court. Without your fair and impartial service of the court orders the principles this country was founded on are in danger of being lost. “Just handing them the paper” as we often hear falls very short of describing the responsibility we have toward our citizens. This job is important and you are to be commended for your quest to gain knowledge in your chosen field.
2009 Copyright John Steinsiek

9. Where can I go to Serve Process
AG Opinion No. GA-0113
Based on the 4th 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
We maybe invited into restricted areas. But we may not use force (any) to enter these restricted areas.
Force maybe used to exit these area however.
Note: A grand jury held an office should be tired for official oppression after a secretary said he followed her down the hall and pushed his way into serve the defendant a citation. He said he was invited—she said he wasn’t. Jury found him no guilty. Interviews with jury revealed if this AG opinion had been in effect at the time of the incident they would have found him guilty.
2009 Copyright John Steinsiek

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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.
Addition now rules – and 510.2
Count colander days, but do not count the day you serve the paper. You may court the court date as well as weekends and holidays. If last day fall on a weekend or a holiday the period is extended to the courts next business day.
2009 Copyright John Steinsiek

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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 21a, 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, 749a and 749c.
This is not when you can serve---it is for calculation of time only. Many people believe this rule prohibits service of civil documents on holidays. It does not.
Rules 21, 21a,748,749,749a and 749c deal with other types of service where additional response time of 3 days is added for certain types of service. For in person service this is how the time frames are computed.
Definition of Legal Holiday
“District, County and Justice Courts” Legal Holiday is the Holidays established by the commissioners court of the county where the court is located and any days when the courthouse is closed. Miller Brewing, 829 S.W.2d at 772; and Walles v McDonald, 889 S.W.2d 236, 237 (Tex.1994)
“Supreme Court and Courts of Appeals” Legal Holidays are those approved by the legislature. The Legislature defined “legal holidays” to include those listed in Gov’t Code § (a) and state holidays listed in § (b)(1)–(6)
2009 Copyright John Steinsiek

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Cost & Fees (3)
(Tex. Local Gov’t Code )
The sheriff and constable fees are established October 1st each year to become effective on January 1st 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.
Note: Cost of providing the service provision is the key issue in establishing and setting a fee. Fees are not based on what someone else is charging. They are not based on the deputies hourly rate.
New rule All fees paid up front.
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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.
There is a bill to require payment for attempted service of AG papers.
2009 Copyright John Steinsiek

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Attorney
Did you ever see an attorney’s bill? Everything is a charge—phone calls, research, filing.
As the commissioners court to adjust your fee schedule when needed to compensate your county for your time.
2009 Copyright John Steinsiek

15. The Parties can not settle the dispute
The civil Wrong Occurs
The Parties can not settle the dispute
One of the parties files a civil suit against the other
This is the beginning of the law suit. Rule, codes and laws will establishes the order for the suites to proceed. There are established definitions of the participants and the documents in Black’s law. Many of these definitions are based on old English Common Law which in turn were derived from Latin.
Black’s Law Dictionary is a valuable tool in civil law.
Filing party becomes the plaintiff
Other party becomes the defendant
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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.
Chart on page 11.
Many courts have concurrent jurisdiction because dollar limits overlap. The courts jurisdiction should be questioned by the parties involved, not the officer.
True court jurisdiction are established in the legislation that created the court. Those jurisdiction can be found in the Government Code Chapter 25 and 26. In Civil Process for Texas (starting on page 9) the jurisdictions are general. However there can be courts created that have specialized areas of jurisdiction. An attorney may represent a plaintiff or defendant at any level of court. Most often in justice courts they represent themselves. At higher levels of court (county and up) parties are represented by attorneys.
The filing are sworn statements. They should contain the location for service on the defendant. Rule 79 requires the names and address of all parties (if Known). Rule 99 and 534 require the defendant be named on the citation.
2009 Copyright John Steinsiek

17. Citations Prejudgment documents Post judgment documents Other Writs
Why are citations in larger bold letters than the other segments – Because if it is done right everything after that can be voided………
These are hyperlinks to take the program to the individual sections to be discussed
Other Writs
2009 Copyright John Steinsiek