Rule 119.Acceptance of Service
Last amended January 1, 1961 · Last verified June 28, 2026
Full Text of Rule 119
Notes and Comments
2024 Comment: The Estates Code provides for waiver of citation by certain parties in probate heirship proceedings and governs those proceedings.
Plain-English Summary
Rule 119 lets a defendant skip formal service. After suit is brought, the defendant may accept service, or waive its issuance and service, by a written memorandum signed by the defendant or an authorized agent or attorney, sworn before a proper officer who is not an attorney in the case, and filed in the papers. The waiver or acceptance has the same effect as if citation had been issued and served.
Two conditions attach: the signer must be given a copy of the plaintiff's petition and acknowledge receipt in the memorandum, and in a divorce action the memorandum must include the defendant's mailing address.
Frequently Asked Questions
Can a defendant waive service in Texas?
Yes. Under Rule 119, by a sworn written memorandum signed after suit is filed, before an officer who is not an attorney in the case, and filed in the record — with a copy of the petition delivered to the signer.
Who can sign the memorandum accepting service under Rule 119?
The defendant, or the defendant's authorized agent or attorney, can sign it — but it must be sworn before an officer who is not an attorney in the case.
Does a Rule 119 waiver require anything extra in a divorce case?
Yes. The memorandum must also state the defendant's mailing address, on top of acknowledging receipt of the petition.