2021 Texas Statutes
Estates Code
Title 3 - Guardianship and Related Procedures
Subtitle C - Procedural Matters
Chapter 1051 - Notices and Process in Guardianship Proceedings in General
Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served
Section 1051.055. Service on Party's Attorney of Record
Sec. 1051.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If a party is represented by an attorney of record in a guardianship proceeding, a citation or notice required to be served on the party shall be served instead on that attorney.
(b) A notice served on an attorney under this section may be served by:
(1) delivery to the attorney in person;
(2) registered or certified mail, return receipt requested; or
(3) any other form of mail that requires proof of delivery.
(c) A notice or citation may be served on an attorney under this section by:
(1) another party to the proceeding;
(2) the attorney of record for another party to the proceeding;
(3) an appropriate sheriff or constable; or
(4) another person competent to testify.
(d) Each of the following is prima facie evidence of the fact that service has been made under this section:
(1) the written statement of an attorney of record showing service;
(2) the return of the officer showing service; and
(3) the affidavit of a person showing service.
(e) Except as provided by Section 1051.105, an attorney ad litem may not waive personal service of citation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
