Substituted service is discussed at section 16.7 in this chapter. This form must be supported by an affidavit (form 16-5 or 16-6).
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Substituted Service
1.Parties. [Name of plaintiff], Plaintiff in this cause, moves for substituted service of process on Defendant, [name of defendant].
2.Grounds. Service of citation on Defendant has been attempted by [personally delivering it to Defendant at/sending it by [registered/certified] mail to] [location named in the affidavit], but these attempts at service have not been successful, as shown by the attached affidavit.
3.Facts. [Include a summary of the facts.]
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Select one of the following. |
4.Requested Method of Service. As authorized by rule 106(b) of the Texas Rules of Civil Procedure, service on Defendant should be made by leaving a copy of the citation, along with a copy of the petition attached, with anyone over sixteen years of age at [location specified in the affidavit].
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Or |
4. Requested Method of Service. [Describe other manner of service, e.g., Service should be made by delivering a copy of the citation, with a copy of the petition attached, to [name of defendant’s attorney], an attorney, or by affixing it to the door of [location]. This manner of service will be reasonably effective to give Defendant notice of this suit because [describe basis of belief, e.g., [name of defendant’s attorney] presently represents Defendant in another suit and consequently has frequent contact with Defendant.]]
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Continue with the following. |
5.Prayer. Movant prays that the Court direct that citation be served on Defendant in the manner described above.
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]