What are the civil litigation requirements for service of process?
In Texas, service of process is the delivery of legal documents to a person to inform them of their legal rights and responsibilities regarding a civil law case. Service of process must follow certain requirements in order for it to be considered valid in a court of law. Generally speaking, service of process must be made in the same county as where the lawsuit is filed, and it must be made to the appropriate person or party. As required by Texas law, service of process must be made by either personal delivery, substituted service or mail. Personal delivery requires that an individual, not a party to the lawsuit, hand-deliver the legal documents to the defendant. Substituted service is when the documents are sent to the residence of the defendant or left with someone of suitable age and discretion who lives with the defendant. Mail service requires the legal documents to be sent by certified mail, restricted delivery, or return receipt requested. Once the legal documents have been properly served, the party who performed the service must provide proof of service to the court. This proof of service must be either an affidavit of service, or a return of service which has been entered into the record. In Texas, service of process is an important prerequisite for a court to be able to effectively adjudicate a case, and it is important that it be done properly in order for the court to be able to hear the case.
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