A notice to appear issued to a defendant who has turned 17 may be served by a court clerk.

A notice to appear issued to a defendant who has turned 17 may be served by a court clerk.

• A. True
• B. False
• C. Not specified
• D. Only by mail

Answer: (B)

The main idea is who can actually serve a notice to appear. In Texas practice, a notice to appear is issued to allow a defendant to come to court without being arrested, but the person who delivers that notice to the defendant—the service—must be done by someone authorized to serve process. A court clerk issues the notice, but does not perform the service themselves. Service is typically carried out by a peace officer, a constable, or a process server, and in some circumstances by mail if the statute allows. For someone who has turned 17, who is treated as a juvenile in many contexts, the same rule applies: service must be by a proper officer or by an authorized method, not by a court clerk. That’s why the statement is not correct.

The main idea is who can actually serve a notice to appear. In Texas practice, a notice to appear is issued to allow a defendant to come to court without being arrested, but the person who delivers that notice to the defendant—the service—must be done by someone authorized to serve process. A court clerk issues the notice, but does not perform the service themselves. Service is typically carried out by a peace officer, a constable, or a process server, and in some circumstances by mail if the statute allows. For someone who has turned 17, who is treated as a juvenile in many contexts, the same rule applies: service must be by a proper officer or by an authorized method, not by a court clerk. That’s why the statement is not correct.