For those who regularly refer to the O’Connor Civil Lawsuits on issues related to service of process, I offer the following warning: In Chapter 2, H. Defendant in service, At page 132, the authors of this generally trustworthy guide have mistakenly inserted language from Rule 14.3 (c) of the Texas Judicial Administration Rules. In fact, the indicated notification methods apply only to notification of process servers in disciplinary actions pending before the Process Server Review Board, not to notification of a defendant in civil action as depicted. Since then, the authors have acknowledged the typographical error and subsequent publications will reflect the corrections. Approved methods of service can be found in Rule 106 of the Texas Rules of Civil Procedure. Additional service methods that address specific circumstances can be found in the Texas Code of Business Organizations and the Texas Code of Civil Practices and Remedies.
As process servers, most of us will occasionally find ourselves in possession of a quote or writing of what service may seem problematic. When you find yourself in this situation, it may be beneficial to do some research. If in doing so you discover a rule or statute that addresses the particular circumstance, share your findings with your client. Over the years, it has been my experience that most attorneys appreciate that level of concern and initiative and, most of the time, will further investigate your findings before continuing with service.
Since proper service is the most critical element at the beginning of any lawsuit, it is advisable that process servers refer to and rely only on the rules and statutes written by the governing body and adopted by the Supreme Court of Texas.