Pursuant to SB 891, the omnibus courts bill enacted last session, the Texas Supreme Court has issued a proposed rule to allow service of process by email, social media, or other electronic means under certain circumstances. The proposed rule amends Rule 106, Texas Rules of Civil Procedure, to authorize the party seeking service to make a motion to the trial court for alternative service by email or social media if in-person service or service by mail fails. The commentary to the proposed rule states, “In determining whether to permit electronic service of process, a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology.” A copy of the proposed rule can be found below. The Court is accepting public comment on the rule until December 1. The rule will go into effect on December 31, 2020.

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