Is it True that I Can’t be Served with a Civil Lawsuit on a Sunday?

Yes and no.

For ordinary lawsuits, Rule 6 of the Texas Rules of Civil Procedure provides that you cannot be served on a Sunday.

However, if the lawsuit requests extraordinary relief involving any of the following: injunction, attachment, garnishment, sequestration or distress proceeding, then citation can be served on Sunday. 

Also, no matter the type of lawsuit (ordinary or extraordinary), if service of citation is by publication, rather than by personal or other type of service, then a party may be served on a Sunday.  (Service by publication means that a party is served by way of a notice published in a periodical, such as a daily newspaper; so, if the periodical has a Sunday issue, service of citation in that periodical’s Sunday edition is permissible.)

— Bonnie Sudderth, Judge of the 352nd District Court of Tarrant County, Texas

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2 Responses to Is it True that I Can’t be Served with a Civil Lawsuit on a Sunday?

  1. how come if the lawsuit requests extraordinary relief involving any of the following: injunction, attachment, garnishment, sequestration or distress proceeding, then citation can be served on Sunday?

    • The quick answer is because the rule says so.

      Why does the rule say so? The Texas Supreme Court promulgates these rules, and I can’t speak for them, but if I were to guess, it’s because injunctions, attachments, garnishments, sequestrations and distress proceedings often involve “emergency” situations where time is of the essence. So, in those circumstances, taking a day off could cause someone serious and irreparable harm. That would be my best guess as to why the the rule carves out these particular exceptions.

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