BPOC Civil Process and Liability UPDATED ACTUAL
Questions and CORRECT Answers
Liability for Refusal or Neglect in Performance of Official A clerk, sheriff, or other officer who neglects or refuses to perform a duty
Duties - 7.001 TCPRC required under the Texas Rules of Civil Procedure or Procedure or under a
provision of this code derived from those rules is liable for actual damages only in
a suit brought by a person injured by the officers neglect or refusal.
-The court Shall set the fine at not less than $10 or more than $100, with costs. The
officer must be given 10 days notice of the motion.
Liability regarding execution of writs - 7.003 TCPRC (a) Except as provided by Sec 34.061, an officer is not liable for damages resulting
from the execution of a writ issued by a court of this state if the officer in good
faith executes or attempts to execute the writ as provided by law by the Texas
Rules of Civil Procedure.
(b) an officer Shall execute a writ issued by a court of this state without requiring
that bond be posted for the indemnification of the officer.
(c) An Officer shows that the officer acted in good faith when the officer shows
that a reasonable prudent officer, under the same or similar circumstances, could
have believed that the officers conduct was justified.
Neglecting to execute process - 2.16 CCP If any sheriff or other officer shall willfully refuse or fail from neglect to execute
any summons, subpoena or attachment for a witness, or any other legal process
which it is made his duty by law to execute, he shall be liable to a fine for
contempt not less than ten nor more than two hundred dollars at the discretion of
the court.
Questions and CORRECT Answers
Liability for Refusal or Neglect in Performance of Official A clerk, sheriff, or other officer who neglects or refuses to perform a duty
Duties - 7.001 TCPRC required under the Texas Rules of Civil Procedure or Procedure or under a
provision of this code derived from those rules is liable for actual damages only in
a suit brought by a person injured by the officers neglect or refusal.
-The court Shall set the fine at not less than $10 or more than $100, with costs. The
officer must be given 10 days notice of the motion.
Liability regarding execution of writs - 7.003 TCPRC (a) Except as provided by Sec 34.061, an officer is not liable for damages resulting
from the execution of a writ issued by a court of this state if the officer in good
faith executes or attempts to execute the writ as provided by law by the Texas
Rules of Civil Procedure.
(b) an officer Shall execute a writ issued by a court of this state without requiring
that bond be posted for the indemnification of the officer.
(c) An Officer shows that the officer acted in good faith when the officer shows
that a reasonable prudent officer, under the same or similar circumstances, could
have believed that the officers conduct was justified.
Neglecting to execute process - 2.16 CCP If any sheriff or other officer shall willfully refuse or fail from neglect to execute
any summons, subpoena or attachment for a witness, or any other legal process
which it is made his duty by law to execute, he shall be liable to a fine for
contempt not less than ten nor more than two hundred dollars at the discretion of
the court.
