Rule 763.Service of Writ of Partition
Last verified June 28, 2026
In one sentenceRule 763 requires the writ of partition to be served by reading it to each person named as a commissioner and delivering a copy, along with a certified copy of the decree, so they can carry out the division.
Full Text of Rule 763
The writ of partition shall be served by reading the same to each of the persons named therein as commissioners, and by delivering to any one of them the accompanying certified copy of the decree of the court.
End
Plain-English Summary
Rule 763 covers serving the commissioners. The writ of partition is served by reading it to each of the persons named in it as commissioners, and by delivering to any one of them the accompanying certified copy of the court's decree of partition — so the commissioners have their authority and instructions.
Frequently Asked Questions
How are partition commissioners notified in Texas?
By reading the writ to each and delivering a copy with the decree (Rule 763).
Does every commissioner get a copy of the writ and decree?
No. Rule 763 requires the writ be read aloud to each commissioner, but only one of them needs to be handed a copy of the writ and the certified decree.
Who carries out service of the writ of partition?
The officer who received the writ under Rule 762 — the sheriff or a constable — reads it to each commissioner and delivers the copy (Rule 763).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 763), 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: service of writ of partitionreading writ to commissionersserving commissioners partition writdelivering decree copy to commissionerTRCP 763