Rule 116: Service of Citation by Publication

(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 The citation need not be published in a newspaper if: (A) the party requesting citation files a Statement of Inability to Afford Payment of Court Costs under Rule 145; (B) the total cost of the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.

(c) Newspaper Publication.

• (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.