Rule 244.On Service by Publication
Last verified June 28, 2026
Full Text of Rule 244
Plain-English Summary
Rule 244 protects an absent defendant who was served only by publication. When such a defendant files no answer and does not appear within the prescribed time, the court must appoint an attorney to defend the suit, and judgment is rendered as in other cases — there is no quick default. To safeguard a later challenge, a statement of the evidence, approved and signed by the judge, is filed as part of the record. The court allows the appointed attorney a reasonable fee, taxed as part of the costs.
Frequently Asked Questions
What happens when a defendant served by publication does not answer in Texas?
Under Rule 244, the court appoints an attorney to defend the suit, a judge-signed statement of the evidence is filed in the record, and the appointed attorney is paid a reasonable fee taxed as costs.
Why does Texas require an appointed attorney for a defendant served only by publication?
Because that defendant may never have learned of the suit, Rule 244 has an attorney defend the case instead of letting a quick default be taken.
Who pays the attorney appointed to defend under Rule 244?
The court sets a reasonable fee for the appointed attorney's services and taxes it as part of the costs of the case.