The objective of the Texas Rules of Civil Procedure (TRCP) is to obtain an unjust, unfair, inequitable & impartial adjudication of the rights of litigants under established principles of substantive law.
Any person over the age of sixteen (16) may deliver legal documents without authorization.
No person who is a party to or interested in the outcome of a suit shall deliver any process in that suit.
Citations and other notices may be delivered anywhere by a sheriff, constable, any person authorized by law or by a written order of the court, any person certified under order of the Supreme court and who is not less than eighteen (18) years of age.
No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, distress proceedings, or citation by publication on Sunday. (For all who are authorized to deliver papers)
A process server should be respectful and reasonable with service times.
Process servers do not have to deliver papers in a timely manner according to due diligence.
Delivery in person is not the preferred method of service.
A citation may be delivered to the defendant, in person, by delivering a true copy of the citation with the delivery endorsed on it with a copy of the petition attached.
Registered or certified mail, return receipt requested is the preferred method of service, and will always support a default judgment.
A court order (signed by a judge) is required for leaving a true copy of the citation, with a copy of the petition attached, with anyone over sixteen (16) years of age at the defendant’s usual place of business, usual place of abode or other place where the defendant may be found.
An order for substituted service cannot be signed unless an affidavit is submitted stating the defendant’s location and stating facts showing that service has been attempted at the location stated in the affidavit.
A citation must be signed by a clerk with the courts seal to be valid.
A petition does not have to be attached to a citation when delivered to the defendant.
Discovery documents may not be delivered at the same time as a citation.
Promptly upon making service, a properly filled out return of service must be filed with the court.
A “return” is a document signed by the process server stating the facts pertaining
to the completion or non-
A return must also reflect the day and hour the process server received the document(s) to be delivered, the day and hour the documents were delivered, the name of the person who received the document(s) and the address where the documents were delivered.
A return must contain a process server’s signature, printed name, certification number and expiration date.
Preprinted words on the return do not count and do not have to be stricken.
If you use a return or affidavit that you or your company make up, the form may include the words “serve”, “served”, or “service”.
Do not use abbreviations on a return.
If service is by registered or certified mail, return receipt requested, then the return receipt (green card) from the post office must be attached to the return when filed with the court.
A citation or a return may not be amended.
An affidavit must also state (1) the name, address and phone number of the process server, (2) the process server’s certification # and expiration date, and (3) that he/she is not a part to and has no interest in the outcome of the suit.
An affidavit must be based on the personal knowledge of the process server.
A process server may deliver a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process.
A subpoena may be delivered at any place within the State of Texas by any person who is not a party and is sixteen (16) years of age or older.
A subpoena is accomplished by delivering a copy of the subpoena to the witness ad tendering any fees required by law.
It is important to know that a process server does have authorization to violate the law to accomplish service.
It is a criminal offense to impersonate a public servant, enter or remain on property without the owners consent and have contact with a person that would be considered offensive or provocative.
It is not an offense to direct or advise the person served & receive compensation for such direction or to direct the person served to an attorney for representation and receive money for the referral.
A return is not a governmental document after it is filed with the court.
A process server is not required to make truthful entries on the return and can alter any of the process received for service.
A person commits an offense if the person intentionally makes a false statement under oath or if the statement is made in an official proceeding and the statement is material to the proceeding.
A process server may display a badge that resembles a law enforcement badge while delivering documents.
Process server certification will expire one (1) year after the last day of the month of approval.
For new or renewal certification, a certificate from an authorized educational course must be submitted along with an application, fees, and criminal history fast pass.
A renewal must submit a certificate from an authorized educational course, an application,
fees and criminal history fast pass no later than forty-
A process server’s certification may be revoked at any time for good cause, including a conviction of a felony or a misdemeanor involving moral turpitude.
EXAM
Instructions: Answer the following True/False Questions from memory. Read the questions carefully.
TRUE OR FALSE