Once the plaintiff has filed their case, they will need to have the defendant served with the paperwork to notify them of the lawsuit. This is called the "service of citation." The plaintiff will need to place a request with the clerk to have the citation issued.
Rule 501.2(a) states a citation may be served by:
(1) a sheriff or constable;
(2) a process server certified under an order of the Texas Supreme Court;
(3) the clerk of the court if the citation is served by registered or certified mail; or
(4) a person authorized by court order who is 18 years of age or older.
Rule 501.2(b) states that the citation must be served on to the defendant by:
(1) delivering a copy of the citation to the defendant in person along with a copy of the petition; or
(2) mailing a copy of the citation, along with a copy of the petition, by registered or certified mail, restricted delivery, with return receipt or electronic return receipt requested.
Once the defendant has been served, Rule 501.3(g) requires the "Return of Service" to be filed with the court.
If the plaintiff is unable to serve the defendant using one of the methods above, they can ask the court if they will allow alternative service. If approved, court rules state the court may allow service:
(1) by 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 a copy of the petition 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) by 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 it by any other method the court finds is reasonably likely to provide the defendant with notice of the suit.
Another method is service by publication. It is often used when a defendant cannot be located or when the plaintiff has been unable to serve them through another method.
Service by publication must be approved by the court. If approved, the citation may appear in a newspaper. It will also appear on the Texas Online Public Information – Courts (TOPICs) website.
See the "Civil Procedure - Filing Through Trial" section on the Forms page of the Texas Justice Court Training Center's website for a sample request and order for alternate service as well as a sample order for service by publication.
After the citation has been served on the defendant, Rule 501.4 of the Texas Rules of Civil Procedure governs how other documents filed in the case may be served on the defendant. They can be served in several ways:
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