§
Rules of
Civil Procedure.com
State & Federal
Texas Rules of Civil Procedure

Rule 108a

Service of Process in Foreign Countries

(a) Method. Service of process may be effected on a party in a foreign country if the citation and petition is served:
(1) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction;
(2) as the foreign authority directs in response to a letter rogatory or letter of request;
(3) as provided by Rule 106(a);
(4) pursuant to the terms and provisions of any applicable international agreement;
(5) by diplomatic or consular officials when authorized by the United States Department of State; or
(6) by other means not prohibited by international agreement or the foreign country’s law, as the court orders.

The method for service of process in a foreign country must be reasonably calculated, under all of the circumstances, to give actual notice of the proceedings to the defendant in time to answer and defend. A defendant served with process under this rule must appear and answer in the same manner and time and under the same penalties as if the defendant had been personally served with citation within this state to the full extent that the defendant may be required to appear and answer under the Constitution of the United States or under any applicable international agreement in an action either in rem or in personam.

(b) Return. Proof of service may be made as prescribed by the foreign country’s law, by court order, by Rule 107, or by a method provided in any applicable international agreement.
Notes and Comments

Comment to 2020 Change: Rule 108a is revised to provide that “other means” of service ordered under (a)(6) must not be prohibited by international agreement. Other clarifying and stylistic changes have been made.