Process Server Certification

Important: Informational Notice

1. The Texas Rules of Civil Procedure have been updated under Misc. Docket No. 24-9102. The docket has removed the language which stated that process servers were certified under order of the Supreme Court. The new language now establishes that process servers are certified by the Judicial Branch Certification Commission. 
   
   
2. Please refer to MESA SW MANAGEMENT, LP, et al. v. BBVA US, 2022 WL 557474 (Ct. App. - Dallas 2022) where the court reversed a default judgment because the return of service showed a business entity received service, but a process server executed the service. The court determined the service did not comply with Rule 105, TRCP. The Rule envisions one person receiving and serving process. Since the record did not affirmatively reflect strict compliance with the rules, it could not support default judgment.

Rules

• Chapter 156 (Process Server Certification)
• Judicial Branch Certification Commission (JBCC) Rules
• Code of Ethics (Process Servers)
• Standardized Curriculum for Orientation Courses
• Texas Rules of Civil Procedures
• Process Servers Sanction Matrix

Please find the following on the Texas Constitution and Statutes web site:

• Business and Commerce Code
• Business Organizations Code
• Civil Practice and Remedies Code
• Code of Criminal Procedure
• Family Code
• Occupations Code
• Penal Code
• Other Texas Statutes

Additional Information

Supreme Court of Texas Misc. Docket Order 13-9165 and Rule 21(f)(1), Texas Rules of Civil Procedure, require lawyers to electronically file documents in specified counties beginning January 1, 2014. The Order does not require that process servers electronically file returns.

Rule 107(g), Texas Rules of Civil Procedure, states: "The return and any documents to which it is attached must be filed with the court and may be filed electronically or by facsimile, if those methods of filing are available." The rule allows, but does not require, electronic filing of the return.