Rule 510.8. ISSUANCE, SERVICE, AND RETURN OF CITATION

RULE 510.8. ISSUANCE, SERVICE, AND RETURN OF CITATION

(a)

Issuance. When a petition is filed, the court must immediately issue citation directed to

each defendant. The plaintiff is responsible for obtaining service on the defendant of

the citation, a copy of the petition, and any documents filed with the petition. Upon

request, separate or additional citations must be issued by the clerk. The clerk must

retain a copy of the citation in the court’s file.

(b)

Form. The citation must:

(1)

be styled “The State of Texas”;

(2)

be signed by the clerk under seal of court or by the judge;

(3)

contain the name, location, and address of the court;

(4)

state the date of filing of the petition;

(5)

state the date of issuance of the citation;

(6)

state the file number and names of parties;

Page 266

(7)

state the plaintiff’s cause of action and relief sought;

(8)

be directed to the defendant;

(9)

state the name and address of attorney for plaintiff, or if the plaintiff does not have

an attorney, the address of plaintiff;

(10)

state the day the defendant must appear in person for trial at the court issuing

citation, which must not be less than 10 days nor more than 21 days after the petition

is filed;

(11)

notify the defendant that if the defendant fails to appear in person for trial, judgment

by default may be rendered for the relief demanded in the petition;

(12)

inform the defendant that, upon timely request and payment of a jury fee no later

than 3 days before the day set for trial, or 3 days after service of citation and the

petition, whichever is later, the case will be heard by a jury;

otify the defendant that if the defendant fails to appear in person for trial, judgment

by default may be rendered for the relief demanded in the petition;

(12)

inform the defendant that, upon timely request and payment of a jury fee no later

than 3 days before the day set for trial, or 3 days after service of citation and the

petition, whichever is later, the case will be heard by a jury;

(13) include the following statement on the first page of the citation in conspicuous bold

print:

Suit to Evict

This suit to evict involves immediate deadlines. A tenant who is serving on active

military duty may have special rights or relief related to this suit under federal law,

including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et

seq.), or state law, including section 92.017, Texas Property Code. Call the State

Bar of Texas toll-free at 1-877-9TEXBAR if you need help locating an attorney.

If you cannot afford to hire an attorney, you may be eligible for free or low-cost

legal assistance.

Failure to appear for trial may result in a default judgment being entered against

you.

(14)

if the plaintiff has filed a motion for summary disposition under Rule 510.10,

include the following statement on the first page of the citation in conspicuous bold

print:

The petition includes a motion for summary disposition. If the motion shows there

are no genuinely disputed facts that would prevent a judgment in favor of the

landlord, the court may enter judgment in favor of the landlord without a trial

unless: (1) not later than the fourth day after you are served with the landlord’s

sworn petition, you file a response setting out supporting facts about why you

should not be evicted and providing any applicable documents on which your

response relies; and (2) the justice court determines that service on you was proper

and, based on the landlord’s sworn petition and your response, there are genuinely

disputed facts that would prevent a judgment in favor of the landlord.

s

sworn petition, you file a response setting out supporting facts about why you

should not be evicted and providing any applicable documents on which your

response relies; and (2) the justice court determines that service on you was proper

and, based on the landlord’s sworn petition and your response, there are genuinely

disputed facts that would prevent a judgment in favor of the landlord.

Page 267

(15)

include the following statement on the first page of the citation bold print: “For

more information, consult Rule 510 of the Texas Rules of Civil Procedure, which

is available online and also at the court listed on this citation, and

www.TexasLawHelp.org.”

(c)

Copies. The plaintiff must provide enough copies to be served on each defendant. If the

plaintiff fails to do so, the clerk may make copies and charge the plaintiff the allowable

copying cost.

(d)

Service of Citation.

(1)

Who May Serve. Only a sheriff or constable may serve a citation in an eviction

case.

(2)

Service by Other Law Enforcement Officer. If the sheriff or constable has not

served the citation and petition within 5 business days after the petition’s filing,

the plaintiff may file with the court a request for issuance of an alias citation to be

served by any other law enforcement officer, including an off-duty officer with

appropriate identification, who has received appropriate training in the service of

process, eviction procedures, and the execution of writs, as determined by the Texas

Commission on Law Enforcement.

(A)

When such a request is filed with the court, the clerk must immediately

issue the alias citation.

(B)

The plaintiff will not be entitled to a refund of any service fee and is

responsible to the other law enforcement officer for payment of a fee for

the service, if any.

s, eviction procedures, and the execution of writs, as determined by the Texas

Commission on Law Enforcement.

(A)

When such a request is filed with the court, the clerk must immediately

issue the alias citation.

(B)

The plaintiff will not be entitled to a refund of any service fee and is

responsible to the other law enforcement officer for payment of a fee for

the service, if any.

(3)

Endorsement. The sheriff, constable, or other law enforcement officer must endorse

on the citation the date and hour that the sheriff, constable, or other law enforcement

officer received the citation.

(4)

Method and Timing of Service. The sheriff or constable receiving the citation must

make a diligent effort to execute it within 5 business days after the date the petition

is filed by delivering a copy with a copy of the petition attached to the defendant,

or by leaving a copy with a copy of the petition attached with some person, other

than the plaintiff, over the age of 16 years, at the defendant’s usual place of

residence, at least 4 days before the day the case is set for trial. A citation cannot

be served on a Sunday.

(e)

Alternative Service by Delivery to the Premises.

(1)

When Allowed. The citation may be served by delivery to the premises if:

Page 268

(A)

the sheriff, constable, or other law enforcement officer is unsuccessful in

serving the citation under (d);

(B)

the petition lists all home and work addresses of the defendant that are

known to the plaintiff and states that the plaintiff knows of no other home

or work addresses of the defendant in the county where the premises are

located; and

(C)

the sheriff, constable, or other law enforcement officer files a sworn

statement that it has made diligent efforts to serve such citation on at least

two occasions at all addresses of the defendant in the county where the

premises are located, stating the times and places of attempted service.

r home

or work addresses of the defendant in the county where the premises are

located; and

(C)

the sheriff, constable, or other law enforcement officer files a sworn

statement that it has made diligent efforts to serve such citation on at least

two occasions at all addresses of the defendant in the county where the

premises are located, stating the times and places of attempted service.

(2)

Method. If the judge authorizes service by delivery to the premises, the sheriff,

constable, or other law enforcement officer must, at least 4 days before the day set

for trial:

(A)

deliver a copy of the citation with a copy of the petition attached to the

premises by placing it through a door mail chute or slipping it under the

front door; if neither method is possible, the officer may securely affix the

citation to the front door or main entry to the premises; and

(B)

deposit in the mail a copy of the citation with a copy of the petition attached,

addressed to defendant at the premises and sent by first class mail.

(3)

Notation on Return. The sheriff, constable, or other law enforcement officer must

note on the return of service the date the citation was delivered and the date it was

deposited in the mail.

(f)

Return of Service.

(1)

Return of Service Required; Timing. At least one day before the day set for trial,

the sheriff, constable, or other law enforcement officer must complete and file a

return of service with the court that issued the citation.

aw enforcement officer must

note on the return of service the date the citation was delivered and the date it was

deposited in the mail.

(f)

Return of Service.

(1)

Return of Service Required; Timing. At least one day before the day set for trial,

the sheriff, constable, or other law enforcement officer must complete and file a

return of service with the court that issued the citation.

(2)

Contents. The return, together with any document to which it is attached, must

include the following information:

(A)

the case number and case name;

(B)

the court in which the case is filed;

(C)

a description of what was served;

(D)

the date and time the process was received for service;

Page 269

(E)

the person or entity served;

(F)

the address served;

(G)

the date of service or attempted service;

(H)

the manner of delivery of service or attempted service;

(I)

the name of the person who served or attempted service; and

(J)

if service was executed by another law enforcement officer under (d), an

attestation that the officer was qualified to serve the citation under Chapter

24 of the Texas Property Code.

(3)

Failure to Serve. When the sheriff, constable, or other law enforcement officer has

not served the citation, the return must show the diligence used by the sheriff,

constable, or law enforcement officer to execute the same and the cause of failure

to execute it, and where the defendant is to be found, if ascertainable.

to serve the citation under Chapter

24 of the Texas Property Code.

(3)

Failure to Serve. When the sheriff, constable, or other law enforcement officer has

not served the citation, the return must show the diligence used by the sheriff,

constable, or law enforcement officer to execute the same and the cause of failure

to execute it, and where the defendant is to be found, if ascertainable.

(4)

Signature. The sheriff, constable, or other law enforcement officer who serves or

attempts to serve a citation must sign the return. If the return is signed by a person

other than a sheriff or constable, the return must either be verified or be signed

under penalty of perjury. A return signed under penalty of perjury must contain the

statement below in substantially the following form:

“My name is (First) (Middle) (Last) , I am at least 18 years old, and my address

is (Street), (City), (State) (Zip Code), (Country) . I declare under penalty of

perjury that the foregoing is true and correct.

Executed in County, State of , on the day of (Month) ,

(Year) .

______________________

Declarant”

(5)

Filing Return. The return and any document to which it is attached must be filed

with the court.