RulesofCivilProcedure.com Civil Procedure · Every State

§ 19.004.Citation

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 19. Lost Records · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 19.004 requires the clerk to cite the grantor, interested party, or adverse party — or their heirs or representatives — to appear and contest the substitute record.

Full Text of § 19.004

Text sizeJump to: (a) (b) (c)

(a)If an application is filed to supply a record, the clerk shall issue a citation to the following, as applicable, or to the person's heirs or legal representatives:
(1)each grantor of property, in the case of a record of a deed;
(2)an interested party, in the case of an instrument other than a deed; or
(3)a party adversely interested to the applicant at the time of the rendition, in the case of a judgment, order, or decree.
(b)The citation must direct the person to whom it is issued to appear at a designated term of the court to contest the applicant's right to record a substitute.
(c)Process must be served in the manner provided by law for civil cases.
End

Plain-English Summary

The notice provision, and who receives it depends on what kind of record is being replaced.

The clerk issues citation to, as applicable, or to the person's heirs or legal representatives: each grantor of property for a deed; an interested party for an instrument other than a deed; or a party adversely interested to the applicant at the time of the rendition for a judgment, order, or decree.

Each category identifies the person with the most to lose. The grantor is the one whose conveyance is being reconstructed; the adverse party is the one bound by the judgment being restored.

"At the time of the rendition" fixes the adverse party as of when the judgment was entered — which matters for old records, since interests change hands over the decades these applications often span.

The heirs-and-representatives clause is doing real work. A record lost long ago may have a grantor who died generations back. The chapter's companion provisions on unknown heirs, and citation by publication, supply the route when those people cannot be identified or found.

Subsection (b): the citation directs the person to appear at a designated term of the court to contest the applicant's right to record a substitute. Subsection (c): process is served in the manner provided by law for civil cases.

Frequently Asked Questions

Who gets notice of an application to replace a record?

Each grantor for a deed, an interested party for another instrument, or the party adversely interested at the time of rendition for a judgment — or their heirs or legal representatives.

What if those people have died?

Citation issues to their heirs or legal representatives, and the chapter on unknown heirs and citation by publication supplies the route where they cannot be identified.

How is service made?

In the manner provided by law for civil cases.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source