Rule 116.Service of Citation by Publication

Last amended June 1, 2020 · Last verified June 28, 2026

In one sentenceRule 116 serves a published citation in a newspaper once a week for four weeks and on the state's Public Information Internet Website, and excuses the newspaper publication for indigent parties, high cost, or counties without a newspaper.

Full Text of Rule 116

Text sizeJump to: (a) (b) (c) (d)

(a) Public Information Internet Website Defined. “Public Information Internet Website” means the website developed and maintained under section 72.034 of the Government Code.

(b) Where to Publish.

(1) Generally. Except as otherwise provided in (2), the citation must be served by publication in a newspaper under (c) and on the Public Information Internet Website under (d).

(2) When Newspaper Publication Not Required. The citation need not be published in a newspaper if:

(A) the party requesting citation files a Statement of Inability to Afford Payment of Court Costs under Rule 145;

(B) the total cost of the required publication exceeds $200 each week or an amount set by the Supreme Court, whichever is greater; or

(C) the county in which the publication is required does not have any newspaper published, printed, or generally circulated in the county.

(1) Who Must Serve. The citation must be served by any sheriff or constable or by the clerk of the court in which the case is pending.

(2) Time for Publication. The citation must be published once each week for 4 consecutive weeks, and the first publication must be at least 28 days before the return is filed.

(3) Suits Not Involving Land Title or Real Estate Partition. In all suits that do not involve the title to land or the partition of real estate, the citation must be published in a newspaper in the county where the suit is pending.

(4) Suits Involving Land Title or Real Estate Partition. In all suits that involve the title to land or partition of real estate, the citation must be published in a newspaper in the county where the land, or a portion thereof, is situated.

(d) Public Information Internet Website Publication.

(1) Who Must Serve. The citation must be served by the clerk of the court in which the case is pending.

(2) Time for Publication. The citation must be published for at least 28 days before the return is filed.

(3) Other Guidelines. The citation must be published in accordance with any other guidelines established by the Office of Court Administration.

End

Notes and Comments

Comment to 2020 change: Rule 116 is amended to implement section 72.034(d) of the Government Code.

Plain-English Summary

Rule 116 sets the mechanics of publishing a citation by publication. It must run both in a newspaper and on the Public Information Internet Website maintained under Section 72.034 of the Government Code.

For the newspaper, a sheriff, constable, or clerk publishes the citation once a week for four consecutive weeks, with the first publication at least 28 days before the return is filed; the paper is the one in the county where the suit is pending, or where the land sits in a title or partition case. For the website, the clerk publishes the citation for at least 28 days before the return.

Newspaper publication is excused in three situations: the party files a statement of inability to afford court costs under Rule 145; the total newspaper cost would exceed $200 a week (or an amount the Supreme Court sets); or no newspaper is published or generally circulated in the county.

Frequently Asked Questions

How long must a citation be published in Texas?

Under Rule 116, in a newspaper once a week for four consecutive weeks, with the first publication at least 28 days before the return, and on the Public Information Internet Website for at least 28 days.

When is newspaper publication not required?

When the party files a Rule 145 statement of inability to afford costs, the newspaper cost would exceed $200 a week, or no newspaper is published or generally circulated in the county.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 116), 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 citation by publicationnewspaper publicationPublic Information Internet Websitefour weeksTRCP 116