How To Do Service By Publication In Texas

Texas Rules of Civil Procedure

Does a process server have to be licensed in Texas?

No, only they must be certified to serve procedure.

Texas Procedure Serving Requirements

Texas procedure servers are monitored by a Process Server Certification Board
Procedure Servers may exist serving process once they receive their certification card

New Fingerprinting Requirements

On September 1, 2014, new electronic fingerprinting requirements took upshot for Certified Procedure Servers.
All new Certified Process Server applicants and those Certified Process Servers renewing after September 1, 2014, will exist required to obtain electronic fingerprinting through the Texas Department of Public Safety, Fingerprint Applicant Services of Texas (FAST) Programme, starting on September 1, 2014.
The 1-time cost for this fingerprinting service is a $41.45 fee for the State and National Criminal History Record Information. For new applicants, please refer to the Initial Certification folio of our website. For those renewing electric current certifications, please refer to the Renewals page of our website.

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Texas Rules of Ceremonious Procedure

Delight annotation that lobbyists are active in the state of Texas and laws concerning civil procedure and process serving can modify. Therefore the information listed below may have been amended. For updated process serving legislation, delight visit the Texas Courts website.

Dominion 6. Suits Commenced on Sunday
Rule 15. Writs and Procedure
Rule 16. Shall Endorse All Procedure
Rule 17. Officer to Execute Process
Rule 103. Who May Serve
Rule 105. Duty of Officer or Person Receiving
Rule 106. Method of Service
Rule 107. Return of Service
Rule 108a. Service of Process in Foreign Countries
Rule 176. Subpoenas
1. 176.1 Form
2. 176.2 Required Actions
Rule 176.iii Limitations
Dominion 176.4 Who May Issue
Rule 176.5 Service
Dominion 176.6 Response
Rule 176.vii Protection of Person from Undue Burden and Expense
Rule 176.8 Enforcement of Amendment

Dominion six. Suits Commenced on Sunday

No civil suit shall exist commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, provided that citation past publication published on Lord's day shall be valid. (Amended Oct. 3, 1972, eff. February. 1, 1973.)

Rule fifteen. Writs and Procedure

The mode of all writs and process shall be "The State of Texas;" and unless otherwise particularly provided by police force or these rules every such writ and process shall exist directed to any sheriff or whatsoever constable within the State of Texas, shall be made returnable on the Monday next afterward expiration of twenty days from the date of service thereof, and shall be dated and attested by the clerk with the seal of the court impressed thereon; and the date of issuance shall be noted thereon.

Rule 16. Shall Endorse All Process

Every officer or authorized person shall endorse on all procedure and precepts coming to his hand the day and hour on which he received them, the way in which he executed them, and the fourth dimension and place the procedure was served and shall sign the returns officially. (Amended July xv, 1987, eff. Jan. 1, 1988.)

Rule 17. Officer to Execute Process

Except where otherwise expressly provided by law or these rules, the officer receiving any procedure to be executed shall not be entitled in whatever case to demand his fee for executing the same in advance of such execution, simply his fee shall be taxed and collected every bit other costs in the case.July 15, 1987, eff. Jan. 1, 1988.)

Rule 103. Who May Serve

Process—including citation and other notices, writs, orders, and other papers issued by the court—may be served anywhere by (one) whatsoever sheriff or constable or other person authorized by law, (2) any person authorized past police or past written order of the court who is not less than eighteen years of age, or (3) any person certified nether order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made past the clerk of the court in which the example is awaiting. But no person who is a political party to or interested in the outcome of a accommodate may serve any procedure in that suite, and, unless otherwise authorized by a written courtroom order, only a sheriff or constable may serve a citation in an activeness of forcible entry and detainer, a writ that requires the bodily taking of possession of a person, property or affair, or process requiring that an enforcement activeness be physically enforced by the person commitment the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order. (Amended June 10, 1980, eff. January. 1, 1981; July fifteen, 1987, eff. Jan. 1, 1988; Oct 7, 2004, eff. July 1, 2005)

Rule 105. Duty of Officer or Person Receiving

The officer or authorized person to whom procedure is delivered shall endorse thereon the solar day and hour on which he received it, and shall execute and render the same without delay. (Amended July eleven, 1977, eff. January. i, 1978; July 15, 1987, eff. Jan. i, 1988.)

Rule 106. Method of Service

(a) Unless the citation or court order otherwise directs, the commendation must be served by:

(1) delivering to the defendant, in person, a re-create of the commendation, showing the commitment date, and of the petition; or

(two) mailing to the defendant by registered or certified mail service, return receipt requested, a copy of the commendation and of the petition.

(b) Upon motility supported by a statement-sworn to before a notary or made under penalty of perjury-listing any location where the defendant tin can probably exist found and stating specifically the facts showing that service has been attempted under (a)(1) or (a)(2) at the location named in the statement only has not been successful, the court may authorize service:

(1) by leaving a re-create of the citation and of the petition with anyone older than sixteen at the location specified in the statement; or

(2) in whatever 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 accused notice of the suit.

Tex. R. Civ. P. 106

Dominion 107. Render of Service

(a) The officer or authorized person executing the citation must consummate a return of service. The return may, but demand non, be endorsed on or fastened to the commendation.

(b) The return, together with any documents to which information technology is fastened, must include the post-obit information:

(i) the cause number and case proper name;

(2) the court in which the instance is filed;

(3) a description of what was served;

(iv) the date and fourth dimension the process was received for service;

(5) the person or entity served;

(half dozen) the address served;

(7) the date of service or attempted service;

(8) the manner of commitment of service or attempted service;

(ix) the proper noun of the person who served or attempted to serve the process;

(ten) if the person named in (ix) is a process server certified nether order of the Supreme Courtroom, his or her identification number and the expiration date of his or her certification; and

(11) any other data required by rule or law.

(c) When the citation was served by registered or certified mail equally authorized past Rule 106, the return by the officer or authorized person must also incorporate the return receipt with the addressee's signature.

(d) When the officer or authorized person has not served the citation, the return shall show the diligence used by the officer or authorized person to execute the aforementioned and the crusade of failure to execute information technology, and where the accused is to be found, if ascertainable.

(e) The officer or authorized person who serves or attempts to serve a citation must sign the return. If the return is signed by a person other than a sheriff, constable, or the clerk of the courtroom, the return must either be verified or be signed under penalization of perjury. A return signed under penalty of perjury must incorporate the statement beneath in substantially the following form:

"My proper noun is ___(First) (Center) (Last)___, my date of birth is _______________, and my address is ___(Street)____, ___(City)___, ____(State)____, ___(Zip Lawmaking)___, and ___(Country)___. I declare under penalty of perjury that the foregoing is true and correct. Executed in ___________County, Country of __________, on the _____ solar day of __(Calendar month)__, __(Year)__. ______________(Declarant)_______________."

(f) Where citation is executed by an culling method equally authorized by Dominion 106, proof of service shall be made in the way ordered by the court.

(g) The return and any document to which it is attached must be filed with the court and may be filed electronically or past facsimile, if those methods of filing are available.

(h) No default judgment shall be granted in whatsoever cause until proof of service as provided by this rule or by Rules 108 or 108a, or as ordered by the court in the consequence citation is executed by an alternative method nether Rule 106, shall take been on file with the clerk of the courtroom ten days, exclusive of the day of filing and the day of judgment.

(Amended July 11, 1977, eff. Jan. ane, 1978; June 10, 1980, eff. Jan. 1, 1981; July fifteen, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. one, 1990; Oct 7, 2004, eff. July 1, 2005)

Rule 108a. Service of Procedure in Foreign Countries

Manner. Service of procedure may be effected upon a political party in a strange count if service of the commendation and petition is made: (a) in the mode prescribed by the law of the foreign land for service in that country in an action in any of its courts of general jurisdiction; or (b) as directed by the foreign potency in response to a letter rogatory or a letter of asking; or (c) in the way provided by Rule 106; or (d) pursuant to the terms and provisions of whatsoever applicable treaty or convention; or (e) past diplomatic or consular officials when authorized by the United States Department of State; or (f) by any other means directed by the court that is not prohibited past the law of the country where service is to be made. The method for service of process in a foreign country must be reasonably calculated, nether all of the circumstances, to requite actual notice of the proceedings to the defendant in fourth dimension to respond and defend. A defendant served with process nether this rule shall be required to announced and answer in the same manner and fourth dimension and under the same penalties as if he had been personally served with commendation Inside this state to the total extent that he may be required to announced and reply under the Constitution of the United States or under any applicable convention or treaty in an action either in rem or in personam.
Render. Proof of service may be made equally prescribed by the police of the foreign country, by order of the court, by Rule 107, or by a method provided in any applicable treaty or convention. (Added Dec. five, 1983, eff. April ane, 1984.)

Rule 176. Subpoenas

176.1 Form.

Every amendment must exist issued in the name of "The State of Texas" and must:

state the style of the suit and its cause number;
state the court in which the suit is pending;
state the date on which the subpoena is issued;
identify the person to whom the subpoena is directed;
state the fourth dimension, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;
place the party at whose case the amendment is issued, and the party's chaser of tape, if any;
country the text of Rule 176.eight(a); and
be signed by the person issuing the amendment.

176.2 Required Actions.

A subpoena must command the person to whom it is directed to practice either or both of the following:

nourish and requite testimony at a deposition, hearing, or trial;
produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or command of that person.

Rule 176.3 Limitations.

Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served. However, a person whose appearance or production at a deposition may exist compelled past detect alone under Rules 199.3 or 200.two may exist required to appear and produce documents or other things at any location permitted under Rules 199.2(b)(2).
Employ for Discovery. A amendment may non be used for discovery to an extent, in a fashion, or at a time other than as provided by the rules governing discovery.

Rule 176.4 Who May Outcome.

A subpoena may be issued by:

the clerk of the advisable district, canton, or justice courtroom, who must provide the party requesting the amendment with an original and a copy for each witness to be completed by the party;
an attorney authorized to practise in the State of Texas, as an officeholder of the courtroom; or
an officer authorized to have depositions in this State, who must issue the subpoena immediately on a request accompanied by a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.iii, and who may besides serve the notice with the subpoena.

Rule 176.5 Service.

Manner of Service. A amendment may be served at any identify within the State of Texas by whatever sheriff or constable of the State of Texas, or any person who is not a party and is xviii years of age or older. A amendment must be served by delivering a re-create to the witness and tendering to that person whatever 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'southward attorney of record.
Proof of Service. Proof of service must be made by filing either:
1. the witness'due south signed written memorandum attached to the amendment showing that the witness accepted the subpoena; or
2. a statement by the person who fabricated the service stating the date, time, and manner of service, and the proper name of the person served.

Rule 176.six Response.

Compliance Required. Except as provided in this subdivision, a person served with a amendment must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of degradation hearing, or trial from day to day until discharged past the court or by the party summoning the witness.
Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental bureau, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organisation must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.
Production of Documents or Tangible Things. A person allowable to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to stand for with the categories in the demand. A person may withhold material or information claimed to exist privileged but must comply with Dominion 193.3. A nonparty'due south production of a document authenticates the document for utilise confronting the nonparty to the same extent as a party'southward production of a document is authenticated for use against the party nether Rule 193.7.
Objections. A person commanded to produce and allow inspection or copying of designated documents and things may serve on the party requesting issuance of the amendment – before the time specified for compliance – written objections to producing any or all of the designated materials. A person need non comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do and then by the court. The party requesting the subpoena may movement for such an social club at whatever time afterwards an objection is made.
Protective Orders. A person allowable to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things, and whatever other person affected by the amendment, may move for a protective order under Rule 192.6(b) – earlier the time specified for compliance – either in the court in which the action is awaiting or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the function of a subpoena from which protection is sought nether this paragraph unless ordered to do and so past the court. The party requesting the subpoena may seek such an social club at any time afterwards the motility for protection is filed.
Trial Subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective guild earlier the court at the time and identify specified for compliance, rather than under paragraphs (d) and (e).

Rule 176.7 Protection of Person from Undue Burden and Expense.

A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an acceptable time for compliance, protection from disclosure of privileged cloth or information, and protection from undue burden or expense. The court may impose reasonable atmospheric condition on compliance with a subpoena, including compensating the witness for undue hardship.

Dominion 176.viii Enforcement of Subpoena.

Antipathy. Failure by any person without acceptable excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the amendment is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both.
Proof of Payment of Fees Required for Fine or Attachment. A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a amendment without proof past affirmation of the party requesting the subpoena or the political party'southward attorney of record that all fees due the witness past law were paid or tendered. (Added Aug. 5, 1998, and amended Nov. nine, 1998, eff. Jan. 1, 1999.)

Texas Statutes Art. two.11 BUS. CORP. ACT. Service of Process on Corporation

A. The president and all vice presidents of the corporation and the registered amanuensis of the corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by police force to be served upon the de in the same mode as service is made on unknown shareholders under law. Notwithstanding any inability or reinstatement of a corporation, service of process under this section is sufficient for a judgment against the corporation or a judgment in rem confronting any belongings to which the corporation holds championship. Acts 1955, 54th Leg., p. 239, ch. 64, eff. Sept. 6, 1955. Sec. D added past Acts 1999, 76th Leg., ch. 1481, § 40, eff. Sept. 1, 1999.

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