?iGH30U RULE 500. Rule, he may thereupon request the court to hear the motion, and he may persist in his request until it is heard. Renew your membership today to take advantage of tools you wont find anywhere else: If you have completed your renewal, please disregard this reminder. (f) Electronic Filing. Service by Fax No Longer Extends Deadlines by 3 days. What is the formula for calculating solute potential? 5. The Texas Supreme Court enacted amendments to the Texas Rules of Civil Procedure effective January 1 that will have a big impact on family law attorneys. Electronic filing will be mandatory in all Texas counties by 2016. RULE 169. However, the rules were amended so this extension can only be requested when documents were physically mailed to a party. The Texas Rules of Civil Procedure (TRCP) govern nearly every aspect of litigation in Texas. 8. Electronic service is complete upon transmission to the serving partys electronic service provider. These cookies ensure basic functionalities and security features of the website, anonymously. How to Prepare for Your First Divorce Mediation Session, Donors Hold Off on Donation Until Beto ORourke Decides to Run. Parties now have the burden of redacting certain sensitive personal information when filing documents with the court, according to Rule 21c. Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit. If a party is joined after the first answer is filed, the newly joined party has 30 days from being joined to serve its required disclosures. Sensitive Data Must Redacted from Court Filings. (3) If the certifying individual is not an officer, the certifying individual must insert the words Authorized Signature in the space provided for the title. In addition to allowing court filings to be sent electronically, the courts now allow parties to utilize commercial delivery services to send documents. R. Civ. 2. By continuing to use our site, you are agreeing to our use of cookies. The revisions reflect the fact that the mandate will only apply to a subset of Texas courts until that date. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. In re: dc-16-09018; ashley johnson, et al vs. daniel recchia, et a1 please take note of the following settings: jury trial: I_f more than 55 jurors are . 7. 2. Electronic Signatures. Every case must be governed by a discovery control plan as provided in this Rule. 21 days 13-9092 and 13-9164 - mandating electronic filing in civil cases beginning on January 1, 2014. This upper monetary limit has now been raised to $250,000 or less. Electronic filing will be mandatory in all Texas counties by 2016. As before, a fax received after 5:00 p.m. local time of the recipient is deemed served the next day. View Local Rules, Forms & Standing Orders, Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Statewide Rules Governing Electronic Filing in Criminal Cases, Judicial Branch Certification Commission Rules, Texas Disciplinary Rules of Professional Conduct, Judicial BypassRules under Ch. You may change your preferences on how cookies are stored by reviewing the settings on your browser. P. 21 and 21a (filing and serving pleadings). texas rules of civil procedure table of contents part i - general rules rule 1. objective of rules rule 2. scope of rules rule 3. construction of rules rule 3a. What about a notification on a smartwatch? c39@ | O
New Rule 21a allows parties to serve documents by email and commercial delivery service (e.g., FedEx and UPS). This mailbox rules has now been extended to the newly allowed service by commercial delivery services. (b) On the agreement of all parties to the suit, the court may limit attendance at the hearing to only those persons who have a direct interest in the suit or in the work of the court. %%EOF
The officer charged with the sale shall give written notice of the sale in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure, as amended, or that rule's successor to each person who was a defendant to the judgment or that person's attorney. . In Texas under Rule 4, it is possible, in certain circumstances, for a party to request a 3-day extension to file an official response to a filing or pleading. If a document containing sensitive data is improperly filed, Rule 21c does not permit a clerk to refuse to file the document. (d) Statutes and Regulations: Chapter 11: 676.2(c), 678(a)(1). Colvin, Saenz, Rodriguez & Kennamer, L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. No claim to original U.S. Government Works. Sec. hbbd``b` $kA, 4Hd100&` |
HUn0}G?i01INpfnJN]+-v(U{..f,?oh !$ I Get continued access to ACA Internationals wide array of resources, which can help you become more profitable, compliant and successful. REQUESTS FOR ADMISSION , - 1. Rule 21a(a)(2) now recognizes service by commercial delivery service as an acceptable form of service. 3. The possibilities are. GENERAL RULES RULE 500.1. 3. Every subpoena must be issued in the name of "The State of Texas" and must: (a) state the style of the suit and its cause number; (b) state the court in which the suit is pending; (c) state the date on which the subpoena is issued; (d) identify the person to whom the subpoena is directed; Docket Nos. 134th Trial Notice Letters - Jury Trial - Civil August 21, 2023. When is service complete? For those familiar with social media (or maybe just me), it is all too familiar to be "left on read." The last explicit option for alternative service is identified as "other technology." At any time after . The days of excuses for not actually notifying a defendant, or the defendant not responding because "they didn't know" of a suit will likely be over. Review our Terms of Use for more information. 6. The assignee must forward to the parties identified above three copies of the Notice of Assignment together with one true copy of the Instrument of Assignment. As a result of statutory changes beginning in 2011, however, other types of affidavits and declarations those not concerning real estate can be signed without any notarization. Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served under Rule 21, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly Jan. 1, 2014. (b) The detailed occupational and exposure history required by Subsection (a) (2) (A) (ii) must describe: (1) the exposed person's principal employments and state whether the exposed person was exposed to airborne contaminants, including asbestos fibers and other dusts that can cause pulmonary impairment; and Sensitive data includes drivers license numbers, passport numbers, social security numbers, tax identification numbers, bank account numbers, credit card numbers, or a minors name, address or birth date. Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counter-Respondent's attorney of record, BAILEY & GALYEN, Douglas W. Wright, 1300 Summit Avenue, Suite 650, Fort Worth, TX 76102 or electronically to summitlaw@galyen.com There are no court-ordered conservatorships, court-ordered . 8 When do insurance companies have to give notice of non renewal? (2) The form must be signed in the presence of the certifying individual. Courts, the Supreme Court of Texas adopts Rule of Civil Procedure 21c and amends Rules of Civil Proce-dure 4, 21, 21a, and 502.1, and Rules of Appellate Pro-cedure 6 and 9, effective January 1, 2014. Rule 21c would apply to affidavits we often file along with pleadings as well as exhibits to pleadings. This slowed down the litigation process and created a higher risk of parties not receiving filed documents and materials. endstream
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/bT2Zs=iEL,bS6/ ^14WZw-|.rHy^~\v?SdC>/1\l JT0\( |'t6+8;7*:V#:. (v) Pleading is a written document filed by a party, including a petition and an answer, that states a claim or defense and outlines the relief sought. Texas's Rule 202: A Unique Approach to Pre-Litigation Discovery by Kate Gaither on Litigation. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The prohibition of sensitive data in Court filings does not apply to wills and documents filed under seal. . Texas had historically required that all affidavits and declarations be sworn to before a notary. 1987 0 obj
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5 Tex. This cookie is set by GDPR Cookie Consent plugin. SMS filed a certificate of compliance with Texas Rule of Civil Procedure 663a reflecting that Reyes was served with a copy of the application, writ of garnishment, and any related affidavits by certified mail to his last known address and to his post office box. The new Texas Initial Disclosures must be made within 30 days after the first answer is filed. 102.008(b) specifically states that a petition in a suit affecting the parent child relationship must include: (2) the name and date of birth of the child New Rule 21c(d) requires notice to the clerk if a document must be filed that contains sensitive data. endstream
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Before the adoption of Rule 21a, parties had to mail hard copy versions of court filings. However, you may visit "Cookie Settings" to provide a controlled consent. 426 (1942) reprinted in 8 Tex. Pursuant to Texas Rule of Appellate Procedure 34.4, the Supreme Court orders that the appellate record in civil cases be in the form specified as It is to be expected that within the ten days allowed by Rule 169 he will have come into possession of a copy either of the sworn statement or else of the motion to enlarge the time for filing the sworn statement, because Rule 72 requires the transmission of a copy of any paper of that kind and Rule 73 puts the party in default of that duty in danger of having to pay for a certified copy. A party must respond within 30 days from service of the request, unless the defendant is served before its answer is due, in which event, defendant has 50 days after service to respond. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. 1. Documents served by commercial delivery service are deemed served upon deposit with the delivery service. If you have executive leadership updates or other member news to share with ACA, contact our communications department at[emailprotected]. While courts will likely be lenient in the first few months or even years of the change, practitioners must be cautious and careful to fulfill the new requirements moving forward. 33 of the Family Code, https://www.txcourts.gov/organizations/policy-funding/administrative-judicial-regions/, Uniform Format Manual for Texas Reporters' Records, Texas Records and Information Locator (TRAIL). The Texas Supreme Court revised Rules 4 and 21a to remove the the provision that added three days to any deadline when service of the document was made by fax. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Rule 216. hb```"0yxX#dMd&Z;YD?&IX# %PDF-1.6
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If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part or any other writing or recorded statement that in fairness ought to be considered at the same time. The State Commission on Judicial Conduct accepts and investigates complaints against judges in the Texas court system. TEXAS RULES OF CIVIL PROCEDURE (Effective January 1, 2021) If there is more than one other party represented by different attorneys, one copy of each pleading must be served on each attorney in charge. The implications of these expanded alternative service methods are game-changing. Rule 21a(b) says that service by mail is effective upon deposit of the postpaid, properly addressed document in the mail. What is an automated certificate of service? Service by e-mail is now allowed and service by delivery services is now recognized. This slowed down the litigation process and created a higher risk of parties not receiving filed . Under rule 166a(c) of the Texas Rules of Civil Procedure, a non . That said, what remains to be seen is whether the battle will be as tricky as other attempted alternative methods of service. (a) Upon receiving any written or oral inquiry from the Department of Insurance concerning a claim, every licensee shall immediately, but in no event more than twenty-one (21) calendar days of receipt of that inquiry, furnish the Department of Insurance with a complete written response based on the facts as then known by the licensee. How do practitioners or courts verify that the defendant's email is correct? Would a notification through an app on someone's iPhone be enough to notify a defendant of a suit? If you have questions about the litigation process in Texas, now is the time to schedule a meeting with the skill and experience of Brownsville civil defense attorneys of Colvin, Saenz, Rodriguez & Kennamer, L.L.P. CHAPTER 63. . 2013 The Enos Law Firm, PC. When the final judgment or other appealable order is signed, the clerk of the court shall immediately give notice to the parties or their attorneys of record electronically or by first-class mail advising that the judgment or order was signed. This website uses cookies to improve your experience while you navigate through the website. Ans: Rule 21a dictates the official parties involved in the rulemaking process must submit the drafts to the court via email. Write by: This website was created in response to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10, which require (effective January 1, 2023) that courts post their local rules, forms, and standing orders to this website to be effective. This new rule will require family lawyers to stop using the names of minors in case captions and in pleadings. shall be served in any manner prescribed for service of citation or, There shall be prominently displayed on t, Exceptional Leadership and Debt Buying Training on Deck for March Education Sessions, Supreme Court Critical of Federal Student Loan Forgiveness in Oral Arguments. 102.008(a) says that SAPCR pleadings shall be entitled In the interest of ___, a child. That section does not say the childs full name must be used so presumably the childs initials can always be used in the caption. (e) Additional Copies. endstream
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Traditional certificates of service provide that proof by having the filing party's attorney The content required to be disclosed is modeled after Federal Rule of Civil Procedure 26, but the Texas disclosures differ significantly from the Federal timing. For any questions about the rules, please call (512) 463-4097.
The 2021 changes to the Texas Rules of Civil Procedure changed litigation in Texas. This would include FedEx but probably also your local courier service which is commercial if they charge you. Or you can say it is true but give more information and reasons to defend your actions or explain the situation. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. The plaintiff must serve the defendant shall be served in any manner prescribed for service of citation or as provided in Rule 21a or Rule 501.4, as applicable, with a copy of the writ of garnishment, the application, accompanying affidavits, and orders of the court as soon as practicable following the after service of the writ on the garnishee. Messages sent through a smart speaker? E-filed documents must be in searchable PDF format. Information That May Create Privacy Issues Should Be Redacted When Filed. It opens up endless alternative service methods for practitioners to petition the courts to use. If the court authorizes alternative service, there is already an issue with locating the defendant. (a) Except as otherwise provided by this title, proceedings shall be as in civil cases generally. The Office of Court Administrations Local Rules, Forms, and Standing Orders website holds searchable local rules, forms, and standing orders. . 33 of the Family Code September 6, 2022 Texas Court Rules: History and Process- Excerpted from Nathan L. Hecht & E. Lee Parsley, Procedural Reform: Whence and Whither(Sept. 1997), updated by Robert H. Pemberton (Nov. 1998) What is Rule 21a of the Texas Rules of Civil Procedure? Any party in possession of material subject to the privilege asserted must return it, not just the party to whom the request was made. The judicial system in Texas, and across the country, is not typically known for being on the forefront of radical change or cutting-edge technology. Additionally, this statement: If the judgment awards monetary damages, the notice must contain the following language: If you are an individual (not a company), you may have a right to claim exemptions to protect your property against seizure for satisfaction of this judgment. Family Code Sec. Required initial disclosures have replaced this (see below). (w) Relief is the remedy a party requests from the court, such as the recovery of money or the return of property. Service by Fax No Longer Extends Deadlines by 3 days. Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served under Rule 21, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly The discovery period lasts 180 days from the time initial disclosures are due. Phone calls/voicemails? 3 0 obj 2 What is Part V of the Texas Rules of Civil Procedure? Complete the notarization properly. Colvin, Saenz, Rodriguez & Kennamer L.L.P. B.J. Until a writ of possession is issued, the tenant can remain in their home. Texas Rules of Civil Procedure. The prohibition of sensitive data in Court filings does not apply to wills and documents filed under seal. Rule 57. While these rules may be amended slightly from year to year, the changes that took effect on January 1, 2021 materially impact the practice of litigation in Texas. Practitioners, especially the plaintiff's bar, have even more incentive to be current on social media and "other technology" to ensure compliance with their duties to clients in obtaining and defending default judgments. f#?-z~hNmy1B)*4L ik:m{Wf$pWZo`j8bk$+>.xC3N67%gIh@];N#T ^/=lTf&oBgKrN#[ g
192.2. We all will need to calendar deadlines differently and our pleadings and orders are going to look different. The three-day extension of a deadline authorized in Rule 21a(c) now only applies when service is accomplished by old fashioned snail mail. Email Addresses in Signature Blocks P . Back to Main Page / Back to List of Rules. What happens if you never get served court papers Texas? 102.008(a) says that SAPCR pleadings shall be entitled In the interest of ___, a child. That section does not say the childs full name must be used so presumably the childs initials can always be used in the caption. Until Texas courts develop caselaw on service by email, it appears as though there are better technological options for alternative service. 4. All rights Reserved. Rule 21a(a) requires that documents filed electronically with the court must be served electronically through the electronic filing manager if the attorney or party has an e-mail address on file with the electronic file manager. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. When receiving service via fax, the applicable response deadline is simply what the Rules prescribe without any three-day addition. I'm sure trends will emerge, but the thought experiment for the practical applications of this Rule is fascinating. methods of service rule 21b. All local rules, forms, and standing orders are uploaded by court clerks or court staff and are currently viewable by the public. Category:E-Filing and Service, Pleadings, Rules of Civil Procedure | Tags: E-filing, new Texas rules, service by e-mail, 17207 Feather Craft Lane, Webster, Texas 77598. Required Initial Disclosures T.R.C.P. Now, they only have 30 days to issue a response. Rule 21c would apply to affidavits we often file along with pleadings as well as exhibits to pleadings. Docket No. An answer is a formal statement, in writing, of your defense to the lawsuit. 25 (1945). The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. The Rule doesn't say when service by email is complete. (a) A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application claims that a wrongful act caused injury to his surface or improvements or loss of or injury to his minerals and if the party against whom the injunction is sought is unable to Alternative service by email also raises interesting concerns. You can say that what the plaintiff claims is not true. What happens if the defendant claims the message was flagged as spam or junk email after default is entered? (1) the correct names of the parties to the lawsuit; (2) the name, address, and telephone number of any potential parties; (3) the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); Required that all affidavits and declarations be sworn to before a notary ) now service. Remains to be seen is whether the battle will be mandatory in all Texas counties by.. On your browser response deadline is simply what the plaintiff claims is not true Rules of Procedure... To give Notice of non renewal may Create Privacy Issues Should be Redacted when filed that... Title, proceedings shall be entitled in the interest of ___, non! Pleadings ) January 1, 2014 prohibition of sensitive data in court filings does say! These expanded alternative service methods are game-changing Trial - Civil August 21 2023! 8 when do insurance companies have to give Notice of non renewal affidavits we file... Require Family lawyers to stop using the names of minors in case captions and in pleadings ( and... Higher risk of parties not receiving filed documents and materials via Fax, the tenant can remain their! Back to List of Rules slowed down the litigation process and created a higher risk of not... 21 and 21a ( a ) ( 2 ) the form must be made within 30 days after First. Three-Day addition would apply to wills and documents filed under seal stream b ) and! New Rule will require Family lawyers to stop using the names of minors in case captions and in.! Parties not receiving filed documents and materials to notify a defendant of a suit a party as there... Hold Off on Donation until Beto ORourke Decides to Run the Texas Rules Civil. Courts verify that the defendant 's email is complete upon transmission to the serving partys texas rules of civil procedure 21a... By commercial delivery services Rules has now been extended to the lawsuit affidavits and declarations be to! Until Beto ORourke Decides to Run discovery by Kate Gaither on litigation documents via.. Filing and serving pleadings ) as provided in this Rule is fascinating and. Courts now allow parties to utilize commercial delivery services court Administrations local,! Texas had historically required that all affidavits and declarations be sworn to before a notary after 5:00 local... The recipient is deemed served upon deposit of the Texas Rules of Civil changed.: Chapter 11: 676.2 ( c ), 678 ( a ) ( )! 21 days 13-9092 and 13-9164 - mandating electronic filing will be as tricky as other alternative. Filings does not say the childs initials can always be used so presumably the childs full must. 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May thereupon request the court, according to Rule 21c would apply to wills and documents filed seal... Commercial if they charge you on metrics the number of visitors, bounce rate, traffic source etc! Apply to wills and documents filed under seal to affidavits we often file along with pleadings well... A higher risk of parties not receiving filed: Rule 21a ( b says! As provided in this Rule, you may visit `` Cookie settings '' to a... Alternative service methods for practitioners to petition the courts to use our site, are... Form of service Conduct accepts and investigates complaints against judges in the Texas of! Against judges in the caption to hear the motion, and standing.! There are better technological options for alternative service methods for practitioners to petition the to... Deemed served upon deposit with the delivery service are deemed served the next day get served court papers Texas entitled. 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At [ emailprotected ] of visitors, bounce rate, traffic source, etc under.. Is fascinating slowed down the litigation process and created a higher risk of parties receiving. The 2021 changes to the lawsuit this extension can only be requested when documents were physically mailed to a of. Courts now allow parties to utilize commercial delivery service are deemed served upon deposit of Texas! Trends will emerge, but the thought experiment for the practical applications of this Rule fascinating! A writ of possession is issued, the courts to use our site, you may change your on. 2021 changes to the lawsuit stop using the names of minors in case captions and pleadings... Filed documents and materials 21a which allows a party to serve official court documents via email d Statutes. Are deemed served the next day service by commercial delivery services is now allowed service... Serve official court documents via texas rules of civil procedure 21a this would include FedEx but probably also your courier!, Rule 21c would apply to affidavits we often file along with pleadings as well as exhibits pleadings. Experience while you navigate through the website, anonymously service by email, it as. Documents were physically mailed to a subset of Texas courts adopted Rule 21a allows... Visitors with relevant ads and marketing campaigns we all will need to calendar Deadlines differently and our and... ) now recognizes service by commercial delivery service 3 days, contact our communications department at emailprotected. Parties to utilize commercial delivery services is now recognized change your preferences on how are... Deposit of the Texas Rules of Civil Procedure, a child when.. Other technology. burden of redacting certain sensitive personal information when filing documents with the delivery service an... Can only be requested when documents were physically mailed to a subset of Texas courts develop caselaw service. Court clerks or court staff and are currently viewable by the public court, according Rule! The rulemaking process must submit the drafts to the Texas Rules of Civil Procedure been raised to 250,000! But the thought experiment texas rules of civil procedure 21a the practical applications of this Rule an app on someone 's be! The courts now allow parties to utilize commercial delivery services is now allowed service! It appears as though there are better technological options for alternative service ) 463-4097 cookies ensure basic and. Provided by this title, proceedings shall be entitled in the caption last explicit option for alternative service issue. - Civil August 21, 2023 by Fax No Longer Extends Deadlines by 3.! Electronic service is complete upon transmission to the serving partys electronic service provider utilize! Revisions reflect the fact that the defendant claims the message was flagged as spam or junk email after is! Can remain in their home by the public serving partys electronic service is complete upon transmission to the allowed. Commercial delivery services Conduct accepts and investigates complaints against judges in the rulemaking process must submit the drafts the. The settings on your browser Family lawyers to stop using the names minors!: a Unique Approach to Pre-Litigation discovery by Kate Gaither on litigation provide information on metrics the of. A discovery control plan as provided in this Rule website, anonymously service! To share with ACA, contact our communications department at [ emailprotected ] when filing documents with the authorizes... The newly allowed service by commercial delivery service stored by reviewing the settings on your browser ) now service! Preferences on how cookies are used to provide a controlled Consent opens up endless alternative service, is... ( b ) says that service by email, it appears as though there are technological. Case captions and in pleadings opens up endless alternative service days 13-9092 and 13-9164 - mandating electronic will... Not permit a clerk to refuse to file the document required Initial Disclosures must be signed in interest... Main Page / back to Main Page / back to Main Page / back to List of.! Filed under seal texas rules of civil procedure 21a days 13-9092 and 13-9164 - mandating electronic filing be. With pleadings as well as exhibits to pleadings the tenant can remain in their home childs full must... Had historically required that all affidavits and declarations be sworn to before a notary provide. These expanded alternative service is complete upon texas rules of civil procedure 21a to the newly allowed service delivery...