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Rule 119.Acceptance of Service

Last amended January 1, 1961 · Last verified June 28, 2026

In one sentenceRule 119 lets a defendant accept or waive service after suit is filed by a sworn written memorandum — signed before an officer other than a lawyer in the case and filed in the record — with a copy of the petition delivered.

Full Text of Rule 119

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The defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver or acceptance shall have the same force and effect as if the citation had been issued and served as provided by law. The party signing such memorandum shall be delivered a copy of plaintiff's petition, and the receipt of the same shall be acknowledged in such memorandum. In every divorce action such memorandum shall also include the defendant's mailing address.
End

Notes and Comments

2024 Comment: The Estates Code provides for waiver of citation by certain parties in probate heirship proceedings and governs those proceedings.

Plain-English Summary

Rule 119 lets a defendant skip formal service. After suit is brought, the defendant may accept service, or waive its issuance and service, by a written memorandum signed by the defendant or an authorized agent or attorney, sworn before a proper officer who is not an attorney in the case, and filed in the papers. The waiver or acceptance has the same effect as if citation had been issued and served.

Two conditions attach: the signer must be given a copy of the plaintiff's petition and acknowledge receipt in the memorandum, and in a divorce action the memorandum must include the defendant's mailing address.

Frequently Asked Questions

Can a defendant waive service in Texas?

Yes. Under Rule 119, by a sworn written memorandum signed after suit is filed, before an officer who is not an attorney in the case, and filed in the record — with a copy of the petition delivered to the signer.

Who can sign the memorandum accepting service under Rule 119?

The defendant, or the defendant's authorized agent or attorney, can sign it — but it must be sworn before an officer who is not an attorney in the case.

Does a Rule 119 waiver require anything extra in a divorce case?

Yes. The memorandum must also state the defendant's mailing address, on top of acknowledging receipt of the petition.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 119), 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: acceptance of servicewaiver of servicewaive citationTRCP 119