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Rule 501.2. Service Of Citation (2013)

TEXT

(a) Who May Serve. No person who is a party to or interested in the outcome of the suit may serve citation in that suit, and, unless otherwise authorized by written court order, only a sheriff or constable may serve a citation in an eviction case, 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. Other citations may be served by:
    (1) a sheriff or constable;
    (2) a process server certified under order of the Supreme Court;
    (3) the clerk of the court, if the citation is served by registered or certified mail; or
    (4) a person authorized by court order who is 18 years of age or older.
(b) Method of Service. Citation must be served by:
    (1) delivering a copy of the citation with a copy of the petition attached to the defendant in person, after endorsing the date of delivery on the citation; or
    (2) mailing a copy of the citation with a copy of the petition attached to the defendant by registered or certified mail, restricted delivery, with return receipt or electronic return receipt requested.
(c) Service Fees. A plaintiff must pay all fees for service unless the plaintiff has filed a sworn statement of inability to pay the fees with the court. If the plaintiff has filed a sworn statement of inability to pay, the plaintiff must arrange for the citation to be served by a sheriff, constable, or court clerk.
(d) Service on Sunday. A citation cannot be served on a Sunday except in attachment, garnishment, sequestration, or distress proceedings.
(e) Alternative Service of Citation. If the methods under (b) are insufficient to serve the defendant, the plaintiff, or the constable, sheriff, process server certified under order of the Supreme Court, or other person authorized to serve process, may make a request for alternative service. This request must include a sworn statement describing the methods attempted under (b) and stating the defendant's usual place of business or residence, or other place where the defendant can probably be found. The court may authorize the following types of alternative service:
    (1) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also leaving a copy of the citation with petition attached at the defendant's residence or other place where the defendant can probably be found with any person found there who is at least 16 years of age; or
    (2) mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and also serving by any other method that the court finds is reasonably likely to provide the defendant with notice of the suit.
(f) Service by Publication. In the event that service of citation by publication is necessary, the process is governed by the rules in county and district court.

Added by order of April 15th, 2013, eff. Aug. 31, 2013.

AMENDMENTS