This order should provide for service by the same method requested in the motion for substituted service (form 16-4). Usually a hearing will not be required and the order can be delivered or mailed to the clerk with the motion and sworn statement. Substituted service is discussed at section 16.7. The return of service should factually confirm that the manner of service was precisely as authorized in the order for substituted service.
Note: The amendment to rule 106 of the Texas Rules of Civil Procedure effective January 1, 2021, replaced the requirement of an affidavit with that of a statement sworn before a notary or made under penalty of perjury. See Tex. R. Civ. P. 106.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order for Substituted Service
The Court has considered Plaintiff’s Motion for Substituted Service on Defendant, [name of defendant], in this cause and the evidence in support of the motion.
The Court finds that—
1.service of citation on Defendant has been attempted by [personally delivering it to Defendant at/sending it by [registered/certified] mail to] [location specified in the statement], but these attempts at service have not been successful; and
2.the manner of service ordered will be reasonably effective in giving Defendant notice of the suit.
It is therefore ORDERED that service of citation may be made on Defendant, [name of defendant], by
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Select one of the following. |
leaving a copy of the citation and of the petition with anyone older than sixteen at the [location named in the statement].
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Or |
[describe other manner of service, e.g., delivering a copy of the citation, with a copy of the petition attached, to [name of person to be served].]
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING