| TEXAS RULES
OF CIVIL PROCEDURE |
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RULE 6. SUITS COMMENCED ON SUNDAY
No civil suit shall be commenced nor process issued or served on Sunday,
except in cases of injunction, attachment, garnishment, sequestration, or
distress proceedings, provided that citation by publication published on
Sunday shall be valid.
(Amended Oct. 3, 1972, eff. Feb. 1, 1973.) |
RULE 15. WRITS
AND PROCESS
The style of all writs and process shall be "The State of Texas;" and unless
otherwise specially provided by law or these rules every such writ and process
shall be directed to any sheriff or any constable within the State of Texas,
shall be made returnable on the Monday next after 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 process and precepts
coming to his hand the day and hour on which he received them, the manner
in which he executed them, and the time and place the process was served
and shall sign the returns officially .
(Amended July 15, 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 process to be executed shall not be entitled in any case to
demand his fee for executing the same in advance of such execution, but
his fee shall be taxed and collected as other costs in the case.July 15,
1987, eff. Jan. 1, 1988.) |
RULE 103. WHO MAY SERVE
Citation and other notices may be served anywhere by (1) any sheriff
or constable or other person authorized by law or, (2) by any person authorized
by law or by written order of the court who is not less than eighteen years
of age. No person who is a party to or interested in the outcome of
a suit shall serve any process. Service by registered or certified mail
and citation by publication shall, if requested, be made by the clerk of
the court in which the case is pending. The order authorizing a person to
serve process may be made without mitten motion and no fee shall be imposed
for issuance of such order.
(Amended June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988.)
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RULE 105. DUTY
OF OFFICER OR PERSON RECEIVING
The officer or authorized person to whom process is delivered shall endorse
thereon the day and hour on which he received it, and shall execute and
return the same without delay.
(Amended July 11, 1977, eff. Jan. 1, 1978; July 15, 1987, eff. Jan. 1, 1988.)
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| RULE 106. METHOD
OF SERVICE |
| (a) |
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Unless the citation or an order of the court
otherwise directs, the citation shall be served by any person authorized
by Rule 103 by |
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(1) |
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delivering to the defendant, in person,
a true copy of the citation with the date of delivery endorsed thereon with
a copy of the petition attached thereto, or |
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(2) |
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mailing to the defendant by registered or
certified mail, return receipt requested, a true copy of the citation with
a copy of the petition attached thereto. |
| (b) |
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Upon motion supported by affidavit stating
the location of the defendant 's usual place of business or usual place
of abode or other place where the defendant can probably be found and stating
specifically the facts showing that service has been attempted under either
(a)(I) or (a)(2) at the location named in such affidavit but has not been
successful, the court may authorize service |
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(1) |
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by leaving a true cope of the citation, with a copy of the petition attached,
with anyone over sixteen years of age at the location specified in
such affidavit, or |
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(2) |
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in any other manner that the affidavit or
other evidence before the court shows will be reasonably effective to give
the defendant notice of the suit.
(Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1,
1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981;
July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.) |
RULE 107. RETURN
OF SERVICE
The return of the officer or authorized person executing
the citation shall be endorsed on or attached to the same ; it shall state
when the citation was served and the manner of service and be signed by
the officer officially or by the authorized person. The return of citation
by an authorized person shall be verified. When the citation was served
by registered or certified mail as authorized by Rule 106, the return by
the officer or authorized person must also contain the return receipt with
the addressee's signature. 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 same and the cause of failure to execute
it, and where the defendant is to be found, if he can ascertain.
Where citation is executed by an alternative method as
authorized by Rule 106, proof of service shall be made in the manner ordered
by the court.
No default judgment shall be granted in any cause until
the citation, or process under Rules 108 or 108a, with proof of service
as provided by this rule or by Rules 108 or 108a, or as ordered by the court
in the event citation is executed under Rule 106, shall have been on file
with the clerk of the court ten days, exclusive of the day of filing and
the day of judgment.
(Amended July 11, 1977, eff. Jan. 1, 1978; June 10, 1980, eff. Jan. 1, 1981;
July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.) |
| RULE 108a. SERVICE
OF PROCESS IN FOREIGN COUNTRIES |
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Manner. Service of process may be effected
upon a party in a foreign count if service of the citation and petition
is made: (a) in the manner prescribed by the law of the foreign country
for service in that country in an action in any of its courts of general
jurisdiction; or (b) as directed by the foreign authority in response to
a letter rogatory or a letter of request; or (c) in the manner provided
by Rule 106; or (d) pursuant to the terms and provisions of any applicable
treaty or convention; or (e) by 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 by 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, under all of the circumstances, to give actual
notice of the proceedings to the defendant in time to answer and defend.
A defendant served with process under this rule shall be required to appear
and answer in the same manner and time and under the same penalties as if
he had been personally served with citation Within this state to the full
extent that he may be required to appear and answer under the Constitution
of the United States or under any applicable convention or treaty in an
action either in rem or in personam. |
| (2) |
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Return. Proof of service may be made as
prescribed by the law 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. 5, 1983, eff. April 1, 1984.) |
RULE 176. SUBPOENAS
176.1 Form. Every subpoena must be issued in the name of "The State of Texas"
and must: |
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state the style of the suit and its cause
number; |
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state the court in which the suit is pending;
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| (c) |
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state the date on which the subpoena is
issued; |
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identify the person to whom the subpoena
is directed; |
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state the time, place, and nature of the
action required by the person to whom the subpoena is directed, as provided
in Rule 176.2; |
| (f) |
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identify the party at whose instance the
subpoena is issued, and the party's attorney of record, if any; |
| (g) |
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state the text of Rule 176.8(a); and |
| (h) |
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be signed by the person issuing the subpoena.
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| 176.2 Required
Actions. A subpoena must command the person to whom it is directed to
do either or both of the following: |
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attend and give testimony at a deposition,
hearing, or trial; |
| (b) |
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produce and permit inspection and copying
of designated documents or tangible things in the possession, custody, or
control of that person. |
| Rule 176.3 Limitations.
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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 be compelled by notice
alone under Rules 199.3 or 200.2 may be required to appear and produce documents
or other things at any location permitted under Rules 199.2(b)(2). |
| (b) |
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Use for Discovery. A subpoena may not be
used for discovery to an extent, in a manner, or at a time other than as
provided by the rules governing discovery. |
| Rule 176.4 Who
May Issue. A subpoena may be issued by: |
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the clerk of the appropriate district, county,
or justice court, who must provide the party requesting the subpoena with
an original and a copy for each witness to be completed by the party; |
| (b) |
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an attorney authorized to practice in the
State of Texas, as an officer of the court; or |
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an officer authorized to take 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 205.3, and who may also serve the notice with the subpoena. |
| Rule 176.5 Service.
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Manner of Service. A 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. |
| (b) |
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Proof of Service. Proof of service must
be made by filing either: |
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(1) |
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the witness's signed written memorandum
attached to the subpoena showing that the witness accepted the subpoena;
or |
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(2) |
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a statement by the person who made the service
stating the date, time, and manner of service, and the name of the person
served. |
| Rule 176.6 Response.
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Compliance Required. Except as provided
in this subdivision, a person served with a subpoena 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 deposition hearing, or trial from day to day until discharged
by the court or by the party summoning the witness. |
| (b) |
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Organizations. If a subpoena commanding
testimony is directed to a corporation, partnership, association, governmental
agency, or other organization, and the matters on which examination is requested
are described with reasonable particularity, the organization must designate
one or more persons to testify on its behalf as to matters known or reasonably
available to the organization. |
| (c) |
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Production of Documents or Tangible Things.
A person commanded 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 correspond with the
categories in the demand. A person may withhold material or information
claimed to be privileged but must comply with Rule 193.3. A nonparty's production
of a document authenticates the document for use against the nonparty to
the same extent as a party's production of a document is authenticated for
use against the party under Rule 193.7. |
| (d) |
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Objections. A person commanded to produce
and permit inspection or copying of designated documents and things may
serve on the party requesting issuance of the subpoena - before the time
specified for compliance - written objections to producing any or all of
the designated materials. A person need not comply with the part of a subpoena
to which objection is made as provided in this paragraph unless ordered
to do so by the court. The party requesting the subpoena may move for such
an order at any time after an objection is made. |
| (e) |
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Protective Orders. A person commanded to
appear at a deposition, hearing, or trial, or to produce and permit inspection
and copying of designated documents and things, and any other person affected
by the subpoena, may move for a protective order under Rule 192.6(b) - before
the time specified for compliance - either in the court in which the action
is pending 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 part of a subpoena from which protection
is sought under this paragraph unless ordered to do so by the court. The
party requesting the subpoena may seek such an order at any time after the
motion for protection is filed. |
| (f) |
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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 order before the court at the time and
place specified for compliance, rather than under paragraphs (d) and (e).
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| 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 adequate time
for compliance, protection from disclosure of privileged material or information,
and protection from undue burden or expense. The court may impose reasonable
conditions on compliance with a subpoena, including compensating the witness
for undue hardship. |
| Rule 176.8 Enforcement
of Subpoena. |
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Contempt. Failure by any person without
adequate excuse to obey a subpoena served upon that person may be deemed
a contempt of the court from which the subpoena 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. |
| (b) |
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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 subpoena without proof by affidavit
of the party requesting the subpoena or the party's attorney of record that
all fees due the witness by law were paid or tendered.
(Added Aug. 5, 1998, and amended Nov. 9, 1998, eff. Jan. 1, 1999.) |
| Texas Statutes
Art. 2.11 BUS. CORP. ACT. Service of Process on Corporation |
| A. |
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The president and all vice presidents of
the corporation and the registered agent of the corporation shall be agents
of such corporation upon whom any process, notice, or demand required or
permitted by law to be served upon the corporation may be served. |
| B. |
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Whenever the corporation shall fail to appoint
or maintain a registered agent in this State, or whenever its registered
agent cannot with reasonable diligence be found at the registered office,
then the Secretary of State shall be an agent of such corporation upon whom
any such process, notice, or demand may be served. Service on the Secretary
of State of any process, notice, or demand shall be made by delivering to
and leaving with him, or with the Assistant Secretary of State, or with
any clerk having charge of the corporation department of his office, duplicate
copies of such process, notice, or demand. In the event any such process,
notice, or demand is served on the Secretary of State, he shall immediately
cause one of the copies thereof to be forwarded by registered mail, addressed
to the corporation at its registered office. Any service so had on the Secretary
of State shall be returnable in not less than thirty (30) days. |
| C. |
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The Secretary of State shall keep a record
of all processes, notices and demands served upon him under this Article,
and shall record therein the time of such service and his action with reference
thereto. |
| D. |
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Services of process, notice, or demand required
or permitted by law to be served by a political subdivision of this state
or by a person, including another political subdivision or an attorney,
acting on behalf of a political subdivision in connection with the collection
of a delinquent ad valorem tax may be served on a corporation whose corporate
privileges are forfeited under Section 171.251 TAX, Tax Code, or is involuntarily
dissolved under Article 7.01 of this Act by delivering the process, notice,
or demand to any officer or director of the corporation, as listed in the
most recent records of the secretary of state. If the officers or directors
of the corporation are unknown or cannot be found, service on the corporation
may be made in the same manner as service is made on unknown shareholders
under law. Notwithstanding any disability or reinstatement of a corporation,
service of process under this section is sufficient for a judgment against
the corporation or a judgment in rem against any property to which the corporation
holds title.
Acts 1955, 54th Leg., p. 239, ch. 64, eff. Sept. 6, 1955. Sec. D added by
Acts 1999, 76th Leg., ch. 1481, § 40, eff. Sept. 1, 1999. |