Legal Question in Civil Litigation in Texas
trcp 103 who may serve orders
trcp 103 who may serve private service issues. does the order have to accompany the citation and papers served. I have where O'Connors notations says they do with a case law noted that I can not seem to find. could you direct me to where I can show yes or no to this being a needed portion of the papers to be served?
2 Answers from Attorneys
Re: trcp 103 who may serve orders
The order for 103 service does not have to be attached to the citation. It must be part of the court's record unless the private process server is on a court-approved list; i.e. Harris County district and county civil courts at law have an approved list of process servers. The Justice Courts require a motion and order for Rule 103 service.
Re: trcp 103 who may serve orders
You say that O'Conners mentions a case. However, Lexis discloses no case cited under Rule 103 which addresses your question of whether the order authorizing a substitute process server must be attached to the citation to be served. Play it safe. Have the clerk to attach a certified copy of the order to the citation. You do not want make the first appellate court case discussing your question -- particularly when costs very little to have a copy of the order attached.
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