In one sentenceRule 109a lets a court, where publication would otherwise be authorized, order a different substituted method it finds as likely as publication to give the defendant actual notice.
Full Text of Rule 109a
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Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service, if the court finds, and so recites in its order, that the method so prescribed would be as likely as publication to give defendant actual notice. When such method of substituted service is authorized, the return of the officer executing the citation shall state particularly the manner in which service is accomplished, and shall attach any return receipt, returned mail, or other evidence showing the result of such service. Failure of defendant to respond to such citation shall not render the service invalid. When such substituted service has been obtained and the defendant has not appeared, the provisions of Rules 244 and 329 shall apply as if citation had been served by publication.
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Plain-English Summary
Rule 109a gives courts an alternative to newspaper publication. Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service — but only if it finds, and recites in its order, that the method is as likely as publication to give the defendant actual notice.
The officer's return must state exactly how service was made and attach any return receipt, returned mail, or other evidence of the result. A defendant's failure to respond does not invalidate the service, and once it is obtained and the defendant has not appeared, the provisions of Rules 244 and 329 apply as if service had been by publication.
Frequently Asked Questions
Can a Texas court order an alternative to publication?
Yes. Under Rule 109a, where publication is authorized, the court may order another substituted method it finds as likely as publication to give actual notice.
What must the officer's return show for substituted service ordered under Rule 109a?
It must describe how service was made and attach any return receipt, returned mail, or other evidence of the result, so the record shows what happened.
Does a defendant's silence after substituted service under Rule 109a undo the service?
No. The defendant's failure to respond does not make the service invalid. If the defendant still does not appear, the case moves forward under Rules 244 and 329 as though service had been by publication.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 109a), 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:other substituted servicealternative to publicationsubstituted serviceTRCP 109a