El Paso Cnty. L. R. *1.03

As amended through August 27, 2024

Rule *1.03 - PRIVATE SERVICE OF PROCESS

(A) THIS RULE IS ADOPTED PURSUANT TO AND IN COMPLIANCE WITH TEXAS RULES OF CIVIL PROCEDURE 1.03. THE DISTRICT CLERK OR THE COUNCIL OF JUDGES SHALL PROVIDE TO ANY PERSON UPON HIS OR HER REQUEST:

(1) AN APPLICATION IN THE FORM SET FORTH IN THIS CHAPTER FOR AUTHORITY TO SERVE CITATIONS AND OTHER NOTICES AND;

(2) A COPY OF THIS CHAPTER.

THERE ARE TWO TYPES OF APPLICATIONS, EITHER AN APPLICATION FOR BLANKET AUTHORIZATION OR APPLICATION TO AUTHORIZE SERVICE IN AN INDIVIDUAL CASE. COMPLETED APPLICATIONS FOR BLANKET AUTHORITY SHALL BE SUBMITTED TO THE LOCAL ADMINISTRATIVE JUDGE. COMPLETED APPLICATIONS FOR AUTHORITY IN AN INDIVIDUAL CASE SHALL BE SIGNED BY COUNSEL REQUESTING SAME AND BE PRESENTED TO THE JUDGE OF THE COURT WHERE THE CASE IS ASSIGNED. IF THE LOCAL ADMINISTRATIVE JUDGE FINDS THE APPLICANT FOR BLANKET AUTHORITY TO BE QUALIFIED, SHE OR HE SHALL SIGN AND WITH THE DISTRICT CLERK AN ORDER AUTHORIZING THE APPLICANT SUCH AUTHORITY FOR A PERIOD OF TWO YEARS. ALL ORDERS FOR BLANKET AUTHORITY SHALL EXPIRE TWO YEARS FROM THE DATE OF SUCH ORDER. WHEN MAKING SUCH AN ORDER, THE LOCAL ADMINISTRATIVE JUDGE IS AUTHORIZED TO ACT FOR EACH AND EVERY COURT. THE DISTRICT CLERK SHALL MAINTAIN ALL SUCH APPLICATIONS AND ORDERS IN A CENTRAL FILE. THE ORDERS SHALL BE NUMBERED CHRONOLOGICALLY.

WHEN A RETURN IS REQUIRED, A PERSON AUTHORIZED TO SERVE CITATION AND OTHER NOTICES SHALL STATE IN HIS OR HER RETURN THAT HE OR SHE IS (1) NOT LESS THAN EIGHTEEN YEARS OF AGE; (2) NOT A PARTY TO OR INTERESTED IN THE OUTCOME OF THE SUIT; AND (3) AUTHORIZED BY WRITTEN ORDER TO SERVE CITATIONS AND OTHER NOTICES. IN CASES O SERVICE PURSUANT TO BLANKET AUTHORITY, THE RETURN SHALL BE ACCOMPANIED BY A COPY OF THE ORDER AUTHORIZING SERVICE.

THIS CHAPTER MAY BE AMENDED OR REPLACED AT ANY TIME. THE LOCAL ADMINISTRATIVE JUDGE MAY VACATE ANY ORDER MADE UNDER THIS CHAPTER AT ANY TIME.

(B) FOR PURPOSES OF SUPERVISION AND DISCIPLINE, THE COURTS DEEM THOSE PERSON AUTHORIZED TO SERVE CITATIONS AND OTHER NOTICES BY ORDER PURSUANT TO RULE 103, TEXAS RULES OF CIVIL PROCEDURE, TO BE OFFICERS OF THE COURT. ANY SUCH PERSON FILING A FALSE RETURN OR ENGAGING IN SERVICE CONTRARY TO LAW OR RULE MAY BE SUBJECT TO PUNISHMENT BY AN ORDER OF CONTEMPT. SUCH ORDER MAY PROHIBIT SUCH PERSON FROM SERVING CITATIONS AND NOTICES IN EL PASO COUNTY.

(C) ANY PROPOSED ORDER AUTHORIZING PRIVATE SERVICE UNDER RULE 1.03 WILL NOT BE SIGNED BY THE JUDGE UNLESS SIGNED BY COUNSEL REQUESTING SUCH AN APPOINTMENT. SUCH ORDER SHALL SET OUT THE NAME AND BUSINESS ADDRESS OF THE PERSON OR PERSONS TO BE SO AUTHORIZED AND AFFIRM THAT SUCH PERSON IS NOT LESS THAN 18 YEARS OF AGE, IS NOT A PARTY, AND HAS NO INTEREST IN THE OUTCOME OF THE SUIT IN WHICH THE AUTHORIZATION IS SOUGHT.

*APPROVED BY SUPREME COURT OF TEXAS ON JUNE 7, 2004.

El Paso Cnty. L. R. *1.03