Rule 601.To Protect Interests
Last verified June 28, 2026
In one sentenceRule 601 lets the judge or justice of the peace decide whether attached property is perishable and whether a sale is advisable, acting on written affidavits or oral testimony and entering a preliminary order.
Full Text of Rule 601
In determining whether the property attached is perishable, and the necessity or advantage or ordering a sale thereof, the judge or justice of the peace may act upon affidavits in writing or oral testimony, and may by a preliminary order entered of record, with or without notice to the parties as the urgency of the case in his opinion requires, direct the sheriff or constable to sell such property at public auction for cash, and thereupon the officer shall sell it accordingly.
End
Plain-English Summary
Rule 601 guides the perishability decision. In determining whether attached property is perishable and whether a sale is necessary or advantageous, the judge or justice of the peace may act on affidavits in writing or oral testimony, and may by a preliminary order protect the interests of the parties.
Frequently Asked Questions
How does a court decide whether attached property is perishable in Texas?
On affidavits or oral testimony, the judge or justice of the peace decides and may enter a preliminary order (Rule 601).
Does the defendant get notice before perishable property is sold?
Not always. Rule 601 lets the judge or justice of the peace enter a preliminary order with or without notice to the parties, depending on how urgent the situation looks.
How is perishable attached property sold once the court approves a sale?
At public auction, for cash. The judge or justice of the peace directs the sheriff or constable to sell it that way.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 601), 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: to protect interestsperishable property determinationpublic auction attached propertypreliminary order perishable saleTRCP 601