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TEXAS RULES OF CIVIL PROCEDURE / RULE 21a

TRCP 21a: Methods of service

Explore how documents are served, when service is complete and how it is proved.

Match the service method to the document

Texas Rule of Civil Procedure 21a governs notices and documents served under Rule 21, with stated exceptions. It excludes the citation served when a cause of action is filed. Under subsection (a)(1), electronically filed documents must be served through the electronic filing manager when the recipient’s email address is on file there. Otherwise, the methods in subsection (a)(2) are available.

Completion and response time depend on the method

Subsection (b) addresses when mail, commercial delivery, fax and electronic service are complete. Subsection (c) adds three days when a prescribed period for action runs after service and the paper is served by mail. That provision does not state a general three-day extension for every service method.

Proof of service can be challenged

Subsection (e) requires a signed certification of compliance and identifies prima facie evidence of service. It also preserves a party’s opportunity to prove nonreceipt or delayed mail receipt. On the findings specified there, the court may extend the time for the required action or grant other just relief. The illustrations distinguish the service method, completion and proof requirements.

THE ILLUSTRATED RULEBOOK

Rule 21a, illustrated

Texas Rule 21a, illustration 1: Methods and scope. Subsection (a)
1. Methods and scopeSubsection (a)Open illustrated reader →
Texas Rule 21a, illustration 2: When service is complete. Subsections (b)–(c)
2. When service is completeSubsections (b)–(c)Open illustrated reader →
Texas Rule 21a, illustration 3: Who may serve and proof of service. Subsections (d)–(f)
3. Who may serve and proof of serviceSubsections (d)–(f)Open illustrated reader →