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Rule 105.Duty of Officer or Person Receiving

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 105 requires the officer or authorized person who receives process to note the day and hour it arrived and to execute and return it without delay.

Full Text of Rule 105

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The officer or authorized person to whom process is delivered shall endorse thereon the day and hour on which he received it, and shall execute and return the same without delay.
End

Plain-English Summary

Rule 105 puts a clock on the server. The officer or authorized person to whom process is delivered must endorse on it the day and hour it was received, and must then execute and return it without delay.

Frequently Asked Questions

What must a process server do on receiving process in Texas?

Under Rule 105, endorse the day and hour it was received and execute and return it without delay.

Does Rule 105 apply only to sheriffs and constables in Texas?

No. Rule 105 covers any officer or other person authorized to receive process, including the certified process servers and court-authorized individuals named in Rule 103.

Why does Rule 105 require noting the exact hour process was received in Texas?

A precise timestamp lets later deadlines be checked against when service began, tying into the diligence and timing details Rule 107 requires in the return of service.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 105), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: duty of officer receivingendorse date and hourreturn without delayprompt return of serviceTRCP 105