Typically, a party makes a request for service simultaneously with the filing of the petition. Upon such request, the clerk must issue and deliver the citation as directed by the requesting party. The requesting party is responsible for obtaining service of the citation and a copy of the petition. Tex. R. Civ. P. 99 (a) (amended eff 1/1/21).
Cases cannot be commenced and process cannot be served on Sundays. Tex. R. Civ. P. 6.
Default judgment may not be granted until the citation (or "process," as it is known in many other jurisdictions) with proof of service has been on file with the court clerk for ten (10) days, exclusive of the day of filing and the day of judgment. Tex. R. Civ. P. 107. (amended 1/1/12)
The court, on its own motion or on the application of a party, may extend or otherwise modify the time provided for an act to be completed. A party must apply for an extension before the expiration of the originally prescribed period or as extended by a previous order. The court retains discretion to permit the act to be done after the expiration of the specified period if good cause is shown for the failure to act. Tex. R. Civ. P. 5.
The citation must be served by publication in a newspaper and on the Public Information Internet Website. Tex. R. Civ. P. 116 (a) (amended eff 6/1/20).
The citation need not be published in a newspaper if:
The party requesting citation files a Statement of Inability to Afford Payment of Court Costs under Rule 145;
Process, including citation and other notices, writs, orders, and other papers issued by the court, may be served anywhere by:
1. Any sheriff or constable or other person authorized by law;
2. Any person authorized by law or by written order of the court who is at least eighteen (18) years old; or
Parties to the suit or interested persons may not serve any process in that suit. Tex. R. Civ. P. 103.
A party can request that service by registered or certified mail and citation by publication be made by the clerk of the court in which the case is pending. Tex. R. Civ. P. 103.
The officer or authorized person who delivers the service of process must endorse the citation with the day and hour on which he received it. The officer of authorized process server must promptly serve and return the citation and petition. Tex. R. Civ. P. 105.
The party filing any pleading upon which citation is to be issued and served must furnish the clerk with a sufficient number of copies thereof for use in serving the parties to be served, and when copies are so furnished the clerk shall make no charge for the copies. Tex. R. Civ. P. 99 (d) (amended eff 1/1/21).
Personal delivery may be made on the defendant by service of the citation showing the delivery date and a copy of the petition. Tex. R. Civ. P. 106 (a)(1) (amended eff 1/1/21).
Service may by registered or certified mail (return receipt requested) a copy of the citation and of the petition Tex. R. Civ. P. 106 (a)(2) (amended eff 1/1/21).
Upon motion supported by a statement–sworn to before a notary or made under penalty of perjury–listing any location where the defendant can probably be found and stating specifically the facts showing that service has been attempted at the location named in the statement but has not been successful, the court may authorize service: by leaving a true copy of the citation, with a copy and of the petition attached, with anyone older than sixteen years of age at the location specified in the statement. Tex. R. Civ. P. 106 (b)(1) (amended eff 1/1/21).
If citation by publication has been authorized, the court may order the use of a different method of substituted service that would be as likely as publication to give the defendant actual notice of the suit. Tex. R. Civ. P. 109a.
Return of Service
Upon motion supported by a sworn statement, the court may authorize service in any other manner , including electronically by social media, email, or other technology, that the statement or other evidence shows will be reasonably effective to give the defendant notice of the suit. Tex. R. Civ. P. 106 (b)(2) (amended eff 1/1/21).
The clerk of the court shall issue citation by publication when an in-state defendant cannot be located after due diligence or when the defendant is not in the state and the party applying for citation has not been able to obtain personal service of a nonresident under Texas Rule of Civil Procedure 108 after sufficient exercise of diligence. Tex. R. Civ. P. 109.
When a party asserts a counterclaim or a cross-claim against another party who has entered an appearance, the claim may be served in any manner prescribed for service of citation or as provided in Texas Rule of Civil Procedure 21(a). Tex. R. Civ. P. 124. See Harris County SmartRules™ procedural guide: SERVICE OF PAPERS.
The return of the service by the officer or authorized person executing the citation shall be endorsed on or attached to the citation. The return of service shall state (1) when the citation was served and (2) the manner of service. It must be signed by the officer or by the authorized person. The return of citation by an authorized person shall be verified. Tex. R. Civ. P. 107. (amended 1/1/12)
Service By Mail
All rules pertaining to service of citation on in-state defendants also apply to defendants who are absent from Texas or are nonresidents of Texas. This includes the form of the citation, who may serve the out-of-state defendant, and requirements for the return of service. Tex. R. Civ. P. 108.
An out-of-state defendant served with notice of citation is required to appear and answer in the same manner and time as if that defendant had been personally served with a citation within Texas. This requirement is limited to the extent that it must comply with the Constitution of the United States. Tex. R. Civ. P. 108.
Service of process may be made on a defendant in a foreign country in any of the following ways:
As prescribed by the foreign country's law for service in that country in in courts of general jurisdiction;
As the foreign authority directs in response to a letter rogatory or letter of request;
The defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver or acceptance shall have the same force and effect as if the citation had been issued and served as provided by law. The party signing such memorandum shall be delivered a copy of plaintiff's petition, and the receipt of the same shall be acknowledged in such memorandum. Tex. R. Civ. P. 119.
No judgment can be rendered against a defendant who has not been served with a citation or affirmatively accepted service of process by waiving it. Tex. R. Civ. P. 124.
All of the following are required to be included in the citation:
The citation shall be styled "The State of Texas";
Be signed by the clerk under seal of court;
The citation must include the following notice to the defendant: "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org." Tex. R. Civ. P. 99 (c) (amended eff 1/1/21).
The requirements for a citation to a defendant who is a nonresident or is absent from Texas are the same as those for citations to resident defendants. Tex. R. Civ. P. 108.
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