Rule 106.Method of Service
Last amended December 31, 2020 · Last verified June 28, 2026
Full Text of Rule 106
Notes and Comments
Comment to 1988 change: Conforms to amendment to Rule 103.
Comment to 2020 Change: Rule 106 is revised in response to section 17.033 of the Civil Practice and Remedies Code, which calls for rules to provide for substituted service of citation by social media. Amended Rule 106(b)(2) clarifies that a court may, in proper circumstances, permit service of citation electronically by social media, email, or other technology. In determining whether to permit electronic service of process, a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology. Other clarifying and stylistic changes have been made.
2024 Comment: The Estates Code provides for other methods of service and citation, and proof thereof, in estate and guardianship proceedings and governs those proceedings.
Plain-English Summary
Rule 106 sets how a citation is served. Unless the citation or a court order says otherwise, it is served by delivering a copy of the citation and petition to the defendant in person, or by mailing them by registered or certified mail, return receipt requested.
When those methods have been tried and failed, the rule opens a second path. On a motion supported by a sworn or penalty-of-perjury statement that lists where the defendant can probably be found and shows that personal or mail service was attempted there without success, the court may authorize substituted service: by leaving the papers with someone older than sixteen at the stated place, or in any other manner — including electronically by social media, email, or other technology — that the evidence shows will be reasonably effective in giving the defendant notice.
Frequently Asked Questions
How is a defendant served in Texas?
Under Rule 106, by personal delivery or by registered or certified mail, return receipt requested, unless the court orders otherwise.
Can you serve someone by social media in Texas?
Yes, as substituted service. Under Rule 106(b), after personal or mail service has been attempted and failed, a court may authorize service electronically by social media, email, or other technology shown to be reasonably effective.