Tex. R. Civ. P. 119 · 5. Citation
ACCEPTANCE OF SERVICE
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
The defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver or acceptance shall have the same force and effect as if the citation had been issued and served as provided by law. The party signing such memorandum shall be delivered a copy of plaintiff's petition, and the receipt of the same shall be acknowledged in such memorandum. In every divorce action such memorandum shall also include the defendant's mailing address.
Notes and commentary — not rule text
Notes and Comments
2024 Comment: The Estates Code provides for waiver of citation by certain parties in probate heirship proceedings and governs those proceedings.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 91)
- Text hash
- sha256 b698aa5ca2807bcb74d72957a8a189af0d0f109536fb6992640398cb99afd013
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Cited by 2 provisions
Provisions in this library whose text cites Tex. R. Civ. P. 119. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.