Texas Rules of Civil Procedure (TRCP) · Practical Answers
Frequently Asked Questions About Texas Process Serving
Clear, statutory answers regarding JBCC certification, TRCP Rule 106(b) substituted service, TRCP Rule 107 verified returns, CPRC § 22.001 witness fees, and registered agent delivery across all 254 Texas counties.
Who is legally allowed to serve process in Texas?
Under Texas Rule of Civil Procedure (TRCP) 103, civil process may be served 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 not less than 18 years of age, or (3) any person certified under order of the Texas Supreme Court through the Judicial Branch Certification Commission (JBCC). No person who is a party to or interested in the outcome of a suit may serve any process in that suit.
How much does a process server cost in Texas?
Our flat-rate Texas process serving pricing is $69 for Standard Service (first attempt in 3–5 business days), $119 for Rush Service (first attempt in 24–48 hours), and $169 for Same-Day Service (immediate same-day dispatch). Every tier includes up to 3–4 attempts across varied hours, GPS verification, and a TRCP Rule 107 Return of Service bearing our server's JBCC certification number and expiration date.
Can a Texas process server leave citation papers with a family member or post them on the front door on the first visit?
No! Unlike federal court (FRCP Rule 4) or many other states, TRCP Rule 106(a) strictly requires delivering the citation and petition to the defendant in person (or by registered/certified mail). Leaving a Texas citation with someone over 16 at the location, posting it on the front door, or serving via email/social media is ONLY legal after the judge signs a TRCP Rule 106(b) Order for Substituted Service supported by the process server's Sworn Statement of diligent attempts.
Is service of process legal on a Sunday in Texas?
No for routine civil citations and subpoenas! Under Texas Rule of Civil Procedure 6, no civil suit shall be commenced nor process issued or served on Sunday, EXCEPT in cases of injunction, attachment, garnishment, sequestration, or distress proceedings (and subject to specific Texas Family Code protective orders).
What is the statutory witness fee for a subpoena in Texas?
Under Texas Civil Practice & Remedies Code § 22.001 and TRCP Rule 176.5, a witness subpoenaed to attend and testify in person at a deposition, hearing, or trial in Texas must be tendered a $10.00 fee for one day's attendance at the time the subpoena is served. For non-party business or medical records subpoenas by affidavit where no live appearance is required, the statutory records custodian fee under CPRC § 22.004 is $1.00.
What must be included on a Texas Return of Service under TRCP Rule 107?
Under TRCP Rule 107(b), the Return of Service must state the cause number, case style, court, description of what was served, date and time the process was received for service, the person or entity served, the exact address where served, the date and time of service, the manner of delivery, and—for JBCC-certified process servers—the server's identification number (PSC #) and certification expiration date. It must be either verified before a notary or signed under penalty of perjury pursuant to CPRC § 132.001, and must be on file with the clerk for at least 10 days (excluding the day of filing and day of judgment) before a default judgment can be granted under Rule 107(h).
Deep-Dive Statutory Analysis
Explore Our 12 Texas Civil Procedure Guides
Cost of Serving Legal Papers in TX
Compare Texas County Constable and Sheriff civil process fees ($75–$100+) against flat-rate JBCC-certified private process server pricing ($69 Standard, $119 Rush, $169 Same-Day), including $10 cash witness fee advances and Rule 106(b) motions.
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Read Full Guide → Evasive Defendants & Rule 106(b)TRCP 106(b) Substituted Service in TX
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Read Full Guide → Affidavits & Returns of ServiceTRCP 107 Return of Service Rules in TX
A line-by-line checklist of the 11 mandatory elements required on every Texas Return of Service under TRCP Rule 107(b), including JBCC PSC number/expiration date, CPRC § 132.001 jurat/declaration formatting, and the 10-day on-file rule.
Read Full Guide → Texas Civil ProcedureTRCP Rule 6 Sunday Service Prohibition in TX
CRITICAL TEXAS RULE: Texas Rule of Civil Procedure 6 strictly prohibits serving civil citations and subpoenas on a Sunday—with only five narrow statutory exceptions for injunctions, attachments, garnishments, sequestration, and distress warrants!
Read Full Guide →Verified Delivery Hubs
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