Rule 762.Writ of Partition
Last verified June 28, 2026
In one sentenceRule 762 directs the clerk to issue a writ of partition to the sheriff or constable, commanding the officer to notify each of the commissioners of their appointment as such, together with a certified copy of the court's decree.
Full Text of Rule 762
The clerk shall issue a writ a partition, directed to the sheriff or any constable of the county, commanding such sheriff or constable to notify each of the commissioners of their appointment as such, and shall accompany such writ with a certified copy of the decree of the court directing the partition.
End
Plain-English Summary
Rule 762 sets the commissioners in motion. The clerk issues a writ of partition, directed to the sheriff or any constable of the county, commanding the officer to notify each of the persons appointed as commissioners of that appointment, along with a certified copy of the court's decree of partition.
Frequently Asked Questions
What is a writ of partition in Texas?
The clerk's order notifying the commissioners of their appointment as such (Rule 762).
Who delivers the writ of partition to the commissioners?
The sheriff or any constable of the county, under Rule 762.
Does the writ of partition include a copy of the court's decree?
Yes. The clerk attaches a certified copy of the decree of partition to the writ (Rule 762).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 762), 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: writ of partitionsheriff notifies commissioners partitionclerk issues partition writcertified copy of partition decreeTRCP 762