Rule 605.Judge May Make Necessary Orders

Last verified June 28, 2026

In one sentenceRule 605 lets the judge or justice of the peace make whatever orders are necessary for the preservation or use of attached perishable property that has not been claimed or replevied.

Full Text of Rule 605

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When the perishable personal property levied on under the attachment writ has not been claimed or replevied, the judge or justice of the peace may make such orders, either in term time or vacation, as may be necessary for its preservation or use.

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Plain-English Summary

Rule 605 is a catch-all for perishable property. When attached perishable personal property has not been claimed or replevied, the judge or justice of the peace may make such orders, in term time or vacation, as may be necessary for its preservation or use.

Frequently Asked Questions

Can a Texas court make orders to preserve attached property?

Yes. Rule 605 lets the judge make any orders necessary for the preservation or use of perishable attached property.

What kind of orders can a judge enter to protect perishable attached property?

Whatever the situation calls for. Rule 605 doesn't list specific measures, leaving the judge or justice of the peace room to enter any order necessary for the property's preservation or use while the case is pending.

Does the court need to be in session to issue these orders?

No. The judge or justice of the peace can act in term time or in vacation, so protecting perishable property doesn't wait on the regular court calendar.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 605), 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: judge may make necessary orderspreservation of attached propertycourt orders to protect perishable propertypreservation orders attachmentTRCP 605