Fact Sheet about the proposed changes to Rule 103
Check
out the Supreme Court list of Certified Process Servers.
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- 1. Help me understand the "Certified
Process Server" designation.
- Only the Supreme Court of Texas will have the authority
to bestow a "Certified Process Server" designation.
Only a person who has made application, and who meets
the qualifications established by the Texas Supreme Court
in Misc. Docket 05-9122 can apply
to the Texas Process Service Review Board to
be a "Certified Process Servers". No other organization
or association will be able to use that designation.
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- 2. How will the proposed changes
affect courses offered at PS-Academy?
Not a bit. The courses we offer meet
the qualifications established by the Supreme Court of
Texas in its Misc. Docket 05-9122.
PS-Academy made application for approval of our online
course on July 1, appeared at the first meeting of the
Texas Process Service Review Board in Austin
o n August 12th, the Board considere our application,
agreed to review our course online, after which we expect
to receive approval before the Board's next regular meeting
tentatively scheduled for November. If you plan to get
certified by the Supreme Court, you can take our online
course, and at the same time, download the application
forms from the Supreme Court website, get your fingerprints
taken and send them to the Dep't of Public Safety for
a criminal background check. Once you've received our
Certificate of Proficiency, your application will be complete,
so submit it to the Board for approval. They
won't be considering any new applications from process
servers until their next meeting, anyway.
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- Remember, you do NOT need to be Certified by
the Supreme Court in order to serve process out of only
one or two counties, IF those counties continue
to issue individual orders pursuant to Rule 103. Check
directly with the courts. But you DO need to pass
a training course if you want to serve process out of
many Texas courts, and intend to get Certified by the
Supreme Court.
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- 3. How will the proposed changes
affect the Standing Order I already have out of courts
in Tarrant, Dallas, Denton or other counties?
- Check the expiration date of your standing order. If
you had a standing order out of Dallas or Denton counties,
you're probably Certified by the Supreme Court of Texas.
Check
here to see if your name is on the list. Standing
orders from other courts may still be effective, since
the new law doesn't address such existing orders. But
no standing orders can be issued by any court in the future.
Check with the clerk of each county for specifics.
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- 4. How will the proposed
changes affect the Standing Order I already have out of
courts in Harris county?
If you had a standing order out of the Harris county,
you are probably Certified by the Supreme Court of Texas.
Check here to see if your name is on the statewide
list. Harris county will continue to offer courses
through the Houston Young Lawyer's Association, but check
with Harris county for specifics. Once your standing
order expires in Harris County, you will have to be certified
by the Supreme Court before you can serve out of any courts
in Harris county.
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- 5. How will the proposed changes
affect my ability to serve papers out of other district
and county courts?
If you intend to serve process out of only one or two
counties, or if the courts where you do most of your service
continue to issue orders under Rule 103, then you will
not need to do anything other than continue what you're
already doing. You do NOT need to be certified to be a
process server. But if you want to serve process out of
several counties, or out of every court in Texas, then
it would be advisable to apply for Certification from
the Supreme Court. Once you are Certified, you'll be able
to serve process out of every court in Texas, regardless
of county. Certification by the Supreme Court will take
precedence over any individual orders issued...or not
issued...out of any trial court.
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- 6. Will Certified Process Servers
be able to serve process out of courts in Harris County?
Yes and No. Certification by the Supreme
Court means that you've met the requirements established
by the new law (including passing a proficiency exam from
a training course that's been approved by the Court).
If the training course has been approved, then once you're
Certified by the Supreme Court, you'll be eligible to
serve papers out of any court in Texas, whether it's in
Harris, Bexar, Travis, Dallas, El Paso, Hudspeth, Tarrant,
Potter, or any other county in the state. AND you'll be
able to serve out of the District Courts, County COurts
at Law, Probate Courts, and courts of the Justice of the
Peace. Those who were already approved for standing orders
out of Dallas, Denton, and Harris counties are "grandfathered"
in, and are already Certified. Check
out the Supreme Court list of Certified Process Servers.
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- 7.Will the Supreme Court be
the exclusive means for authorizing service of process?
No. Trial courts may elect to continue their
current practice of authorizing individual process servers;
they'll just be prohibited from issuing standing orders. Check
with the court for specifics.
8. Will all trial courts be required
to allow a Certified Process Server to serve process out
of their courts?
Yes. Certification by the Supreme Court
will take precedence over any individual orders issued...or
not issued....at the trial court level. So no court will
be able to prohibit a Certified Process Server from serving
process out of that court.
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- 9. Can trial courts continue
to issue standing orders?
No. Trial courts will not be allowed to
issue standing orders, although some courts may choose
to continue issuing individual orders in specific cases.
- 10. If I take a course now,
how will it affect my status as a private process server?
Once you pass our online course, we'll issue you a Certificate
of Proficiency that you can submit with your application
packet to the Texas Process Service Review Board.
It will be put on hold until our course is approved
by the Supreme Court, and will be considered at the Board's
next regular meeting tentatively scheduled for sometime
in November.
- 11. Tell me about the Texas Process Service
Review Board.
The Texas Supreme Court Justices appointed nine persons
to be members of the Texas Process Service Review Board.
You can click
here to read the Order, see who's been appointed to
the Board, and read about its function, powers and duties.
12. I have already been granted a Standing Order by a District
Court. So, am I automatically certified?
Not necessarily. Check
out the Supreme Court list of Certified Process Servers.
If you're not on that list, then a standing order granted
by a particular court or county may be good only out of
the court or county that issued it, and only until it expires.
After that, you will still have to make application with
the Texas Process Service Review Board to become a Certified
Process Server by the Supreme Court of Texas, and that will
still require you to pass a course.
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P O Box 8040
Fort Worth, TX 76124 |
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