Rule 108a.Service of Process in Foreign Countries

Last amended December 31, 2020 · Last verified June 28, 2026

In one sentenceRule 108a sets six ways to serve a defendant in a foreign country — including under the country's own law, a letter rogatory, an international agreement, or court-ordered means — so long as the method is reasonably calculated to give actual notice.

Full Text of Rule 108a

Text sizeJump to: (a) (b)

(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.

End

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.

Plain-English Summary

Rule 108a governs service abroad. A defendant in a foreign country may be served by any of six methods: as that country's law prescribes; as a foreign authority directs in response to a letter rogatory or request; under Rule 106(a); under an applicable international agreement; by U.S. diplomatic or consular officials when the State Department authorizes it; or by another court-ordered means not prohibited by international agreement or the foreign country's law.

Whatever the method, it must be reasonably calculated, under all the circumstances, to give the defendant actual notice in time to answer. A defendant served abroad must then appear and answer to the full extent allowed by the Constitution or an applicable international agreement. Proof of service may follow the foreign country's law, a court order, Rule 107, or the agreement.

Frequently Asked Questions

How do you serve a defendant in a foreign country from Texas?

Rule 108a allows six methods, including the foreign country's own law, a letter rogatory, an applicable international agreement (such as the Hague Service Convention), or a court-ordered means — as long as the method is reasonably calculated to give actual notice.

What must the return show after service abroad under Rule 108a?

Proof of service may follow the foreign country's law, a court order, Rule 107, or a method set out in an applicable international agreement — whichever fits how service was completed.

What if the chosen method of foreign service does not reach the defendant?

Rule 108a requires that whatever method is used be reasonably calculated, under all the circumstances, to give the defendant actual notice in time to answer and defend. A method that fails that test does not satisfy the rule, no matter which of the six options was tried.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 108a), 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 of process in foreign countriesforeign serviceinternational serviceHague Service Conventionletter rogatoryTRCP 108a