Last amended January 1, 2012 · Last verified June 28, 2026
In one sentenceRule 108 lets a nonresident or absent defendant be served outside Texas using the same citation form as a resident, by a disinterested adult following Rule 106, and requires that defendant to answer to the full extent the U.S. Constitution allows.
Full Text of Rule 108
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Where the defendant is absent from the State, or is a nonresident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant; and such notice may be served by any disinterested person who is not less than eighteen years of age, in the same manner as provided in Rule 106 hereof. The return of service in such cases shall be completed in accordance with Rule 107. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State to the full extent that he may be required to appear and answer under the Constitution of the United States in an action either in rem or in personam.
End
Plain-English Summary
Rule 108 covers serving a defendant who is outside Texas. The notice takes the same form as a citation to a resident defendant and may be served by any disinterested person at least eighteen years old, in the manner Rule 106 prescribes, with the return completed under Rule 107.
A defendant served this way must appear and answer just as if personally served inside Texas — but only to the extent the U.S. Constitution permits, in an action either in rem or in personam. Whether Texas has jurisdiction to reach the defendant still turns on constitutional limits, which a special appearance under Rule 120a tests.
Frequently Asked Questions
How do you serve someone out of state in a Texas case?
Under Rule 108, with the same citation form used for a resident, served by a disinterested adult per Rule 106. The defendant must answer to the full extent the U.S. Constitution allows.
Does serving a defendant under Rule 108 give the Texas court jurisdiction over them?
No. Rule 108 only prescribes the form and manner of notice; it does not by itself establish that Texas may reach the defendant. The defendant answers only to the extent the U.S. Constitution allows, and a defendant who doubts Texas has jurisdiction can test the question with a special appearance under Rule 120a.
Who may serve the citation on an out-of-state defendant under Rule 108?
Any disinterested person at least eighteen years old may serve it, using the method Rule 106 sets out, and the return is then completed under Rule 107.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 108), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:service in another stateout-of-state servicenonresident servicelong-armTRCP 108