OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

8onorablo C. Woodrow Laugblln 

CoUty httol%iey 

Ji@ ?;a118 County 

Alfae, Texas 

ve date OS Brtlcles 

b, and 20020, Rosfltutas? If 110, 

any dfIitin0tiOB beosed and aurront 0atm87 

rollowlng reg 

1959, aoatafaa the 

thie Xmpcdmeat : 

HJOEb and 200&o OS 

with regard to the 

I would llkw to bare 

owing puestloar: 

ok say pleadd prior to 

Article mOea, Eerimd Civil Statutes, be- Seat1on r 0r ziourrs Bill H.0. 105, Cdth Legllrlstw, Aota lQS9, 

prorldr8: 

*%ezswer aiy party files a pleading of any 

aharaoter, he shall ut the same tins &tit&r doliver t3 tfla adverse party, or deSjoslt with the 
Honorable c. ';ioodrow Lau(jhlIn, Page 8 

Clerk for tho adveree party, a copy 0r suoh pleading, which copy shall not be illed by the Clerk. 

Al.1 riled pleadings shall remain at all tImea in 

the Clark*e oftioe or $5 th8 court or IA custody 

of the Clerk, except that the Court may by order 

entered on the Chutes allow a filed pleadlag to 

be witSdrawn for a lImIted time whenever neoe88aryJ, 

on leaving a certified copy on tile. The party 

wlthdrewlng suoh pleading shall pay the oost8 of 

such order end oertlfled copy.* 

Sectiona 2 and 3, of the Aot, incorporated ln vernon*a nevlsea civil Statutes, as Articles 3@02b anb lKKS!a 

pertaln odly to the number 0r ooples or pleadin require& 

to be filed aAd fur~1she.d to adveroe parties and further, 

that any parties tailiag to'oo&ply with the Aot, upon notloe 

shall be subjeot to contscipt. 

The above iuentioned etatutes, being prooedural fn 

their nature, provide rules and regulation in the matter of 

filing and withdrawing pleadIng In dIEtriOt and oounty courts. 

Cn exanilning the captloh of the till, we tlad that rame reud8, 

in part, EiS fOuOW8: 

"An Aot to preserve .pleadinge by making 

just-and FoAvenient regulation to suoh endg* * ** 

The word 

lng in the past as 

, pI’e8Upp8e8 CL COAditiOA eXht.- 

undangerlag the 

safe keeping and preeervatlon Or-8UOh reoords. 

*Irpe word 'preserve' Iceaaa to keep; to proCUrei to Uphold; aAq:when used IA a statute latended to prbsarie thi public peace, it mean8 to 

saoure that quiet order and freedom r~rom agltation or dieturbanoe which is guaranteed by the 

laws. Neuendorff v. DUryea (E. Y.) 32, How. 3raO~. 

267, 69." - rords and Phrases. Vol. 6, F. 5533. 

;‘:ebatsr*s New 1nterAat:oAal Unabridged Diotloaary, 

FeOOAd Edition, defines the wordWpreserve,na8 "to keep In 

eXhiteAOe or IAtaOt; aa, t0 preserve rQCOrds, old oU8tOmS 

or oae’s good name." 

.‘Zt wIl1 be noted that the language In the latter 

pOrtiOA of iirtfole 200?+, supra, with rererenoe to all plead1~66, is used ti&.thiiChd.:pastGteAse, providing "All filed 
464 

Honorable C. Woodrow La-In, Page 3 

pleading8 shall remain at all tIme8 in the Clerk's offloe 

or in the Court or la the OustocIy of the Clerk, exoept 

that the Court may by order entered on the Elnutes hllow 

a riled pleading to be withdrawn for a linited time whenever asces8ary, on leaving a certified copy on file.* It 

18 evident by the foregolug language that the Leglelature 

did not intend to draw any dlatlnotlon between Olo8ed and 

current oase8. Fro~l8Ion:~ls made for withdrawing such 

ploadlngs in either case. 

It is, therefore, t&a opfnlon of thle department 

that the olerk Of a di8triot or OOUXbty 0OUrt 18 not allOWed to oheok any pleading8 oiit of h18 offloe, regardlea of 

the data same were filed or whether oloaed or ourrent aa8e8, 

exoept in compllaaoe with the prcvlelon8 of 2002a, 2002b 

and 2002o,, Vernon's Annotated Revised Civil Statutee, 19e8. 

Trustins the above answore JOW request, we are 

ATTOREX GXFiiP?L OF TXXA8 

3 ATTORNEY GEN