Texas Process Serving Rules
General - No Sunday Service
Citation - Citation must be served by: (1) delivering a copy of the citation with a copy of the petition attached to the defendant in person, after endorsing the date of delivery on the citation;
Rule 106 (Substituted Service) - After four attempts, an order can be requested to sub-serve or post the documents (Harris County requires 6 attempts, and Bexar County requires 3 attempts).
If the methods under (b) are insufficient to serve the defendant, the plaintiff, or the constable, sheriff, process server certified under order of the Supreme Court, or other person authorized to serve process, may make a request for alternative service. This request must include a sworn statement describing the methods attempted under (b) and stating the defendant’s usual place of business or residence, or other place where the defendant can probably be found. The court may authorize the following types of alternative service:
(1) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also leaving a copy of the citation with petition attached at the defendant’s residence or other place where the defendant can probably be found with any person found there who is at least 16 years of age;
or
(2) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also serving by any other method that
the court finds is reasonably likely to provide the defendant with notice of the suit.
RULE 106 Mailing Requirement - Mailing may be required if stated in order of the Court
RULE 501.4. SERVICE OF PAPERS OTHER THAN CITATION - (c) Who May Serve. Documents other than a citation may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify.
RULE 509.4. landlord/tenant SERVICE AND RETURN OF CITATION; must serve the citation by delivering a copy of it, with a copy of the petition and any attachments, to the landlord at least 6 days before the appearance date. If the petition does not include the landlord’s name and business street address, or if, after making diligent efforts on at least two occasions, the officer or authorized person is unsuccessful in serving the citation on the landlord under (a), the officer or authorized person must serve the citation by delivering a copy of the citation,
petition, and any attachments to:
(A) the landlord’s management company if the tenant has received written notice of the name and business street address of the landlord’s management company;
or
if (b)(1)(A) does not apply and the tenant has not received the landlord’s name and business street address in writing, the landlord’s authorized agent for service of process, which may be the landlord’s management company, on-premise manager, or rent collector serving the residential rental property.
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Temporary Restraining Order (TRO) - Personal Service Only
Subpoena - may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney of record.
Texas Service of Process Rules
Citation - Citation must be served by: (1) delivering a copy of the citation with a copy of the petition attached to the defendant in person, after endorsing the date of delivery on the citation;
Rule 106 (Substituted Service) - After four attempts, an order can be requested to sub-serve or post the documents (Harris County requires 6 attempts, and Bexar County requires 3 attempts).
If the methods under (b) are insufficient to serve the defendant, the plaintiff, or the constable, sheriff, process server certified under order of the Supreme Court, or other person authorized to serve process, may make a request for alternative service. This request must include a sworn statement describing the methods attempted under (b) and stating the defendant’s usual place of business or residence, or other place where the defendant can probably be found. The court may authorize the following types of alternative service:
(1) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also leaving a copy of the citation with petition attached at the defendant’s residence or other place where the defendant can probably be found with any person found there who is at least 16 years of age;
or
(2) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also serving by any other method that
the court finds is reasonably likely to provide the defendant with notice of the suit.
RULE 106 Mailing Requirement - Mailing may be required if stated in order of the Court
RULE 501.4. SERVICE OF PAPERS OTHER THAN CITATION - (c) Who May Serve. Documents other than a citation may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify.
RULE 509.4. landlord/tenant SERVICE AND RETURN OF CITATION; must serve the citation by delivering a copy of it, with a copy of the petition and any attachments, to the landlord at least 6 days before the appearance date. If the petition does not include the landlord’s name and business street address, or if, after making diligent efforts on at least two occasions, the officer or authorized person is unsuccessful in serving the citation on the landlord under (a), the officer or authorized person must serve the citation by delivering a copy of the citation,
petition, and any attachments to:
(A) the landlord’s management company if the tenant has received written notice of the name and business street address of the landlord’s management company;
or
if (b)(1)(A) does not apply and the tenant has not received the landlord’s name and business street address in writing, the landlord’s authorized agent for service of process, which may be the landlord’s management company, on-premise manager, or rent collector serving the residential rental property.
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Temporary Restraining Order (TRO) - Personal Service Only
Subpoena - may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney of record.
Texas Service of Process Rules
Updated on: 31/03/2023
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