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Rule 765.Return of Writ

Last verified June 28, 2026

In one sentenceRule 765 makes a writ of partition returnable, unless the court directs otherwise, twenty days from the date of service on the commissioners — the period within which they report their division.

Full Text of Rule 765

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A writ of partition, unless otherwise directed by the court, shall be made returnable twenty days from date of service on the commissioner last served; and the officer serving it shall endorse thereon the time and manner of such service.
End

Plain-English Summary

Rule 765 sets the timetable. A writ of partition, unless otherwise directed by the court, is made returnable twenty days from the date of service on the commissioners — the period within which the commissioners complete the partition and make their report to the court.

Frequently Asked Questions

How long do partition commissioners have in Texas?

Twenty days from service of the writ, unless the court directs otherwise (Rule 765).

From which commissioner's service date does the twenty-day period run?

From service on whichever commissioner was served last, not the first one served (Rule 765).

What must the officer note when serving a writ of partition?

The time and manner of service, an endorsement Rule 765 requires on the writ.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 765), 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: return of writ of partitiontwenty daysservice on commissioner last servedendorsement of service on partition writTRCP 765