Rule 34.Against Sheriff, Etc.

Last verified June 28, 2026

In one sentenceRule 34 lets a sheriff, constable, or deputy sued over an official act bring the principal and surety on an indemnifying bond into the suit, and allows a continuance to serve them.

Full Text of Rule 34

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Whenever a sheriff, constable, or a deputy or either has been sued for damages for any act done in his official character, and has taken an indemnifying bond for the acts upon which the suit is based, he may make the principal and surety on such bond parties defendant in such suit, and the cause may be continued to obtain service on such parties.

End

Plain-English Summary

Rule 34 helps an officer pass along liability. When a sheriff, constable, or deputy is sued for damages over an act done in an official capacity, and the officer took an indemnifying bond covering that act, the officer may make the bond's principal and surety defendants in the same suit. The court may continue the case to get those parties served.

Frequently Asked Questions

Can a Texas sheriff bring an indemnitor into a lawsuit?

Yes. Under Rule 34, a sheriff, constable, or deputy sued over an official act who holds an indemnifying bond may make the bond's principal and surety defendants, and the case may be continued to serve them.

Does Rule 34 apply to constables and deputies, not just sheriffs?

Yes. Rule 34 reaches a sheriff, a constable, or a deputy of either, sued for damages over an act done in an official capacity.

What must the officer show to add the bond's principal and surety?

That the suit is for damages over an official act, and that the officer took an indemnifying bond covering the acts the suit is based on. Rule 34 lets the officer make that bond's principal and surety defendants once those conditions are met.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 34), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: against sheriffsheriff constable deputyindemnifying bondofficial actTRCP 34