Certificate of Service

CERTIFICATE OF SERVICE

State of Texas

TEXAS SERVICE RULES — QUICK REFERENCE

Primary Authority: Texas Rules of Civil Procedure 21 and 21a govern filing and service of pleadings, motions, and all other papers in Texas civil proceedings.

Mandatory Electronic Filing (Tex. R. Civ. P. 21(f)): Attorneys must electronically file all documents in courts that have mandated e-filing through eFileTexas.gov (operated by Tyler Technologies), except in juvenile cases (Title 3, Family Code) and truancy cases (Title 3A, Family Code). Virtually all Texas district courts and county-level courts have mandated e-filing. Self-represented parties may, but are not required to, file electronically.

eFileTexas.gov — The Texas E-Filing System: Attorneys file documents through an Electronic Filing Service Provider (EFSP) that connects to the statewide Electronic Filing Manager (EFM). The Texas Supreme Court and Court of Criminal Appeals have approved multiple EFSPs. The EFSP transmits the filing and service information through the EFM to all registered parties' EFSPs.

Automatic Electronic Service (Tex. R. Civ. P. 21(f)(2)): When a document is filed electronically through eFileTexas, the EFM must serve it electronically upon all parties whose email addresses are registered with the EFM. Electronic service is complete upon transmission of the document to the serving party's EFSP. The EFM sends confirmation of service. An automated service record is generated; however, confirm whether local court rules require a separate written certificate of service.

Certification Requirement (Tex. R. Civ. P. 21(a)): The party or attorney must certify compliance with the service rules in writing over their signature on the filed document. A certificate by a party or attorney of record constitutes prima facie evidence of the fact of service.

Authorized Methods of Service (Tex. R. Civ. P. 21a(a)):

1. Delivering in person or by agent
2. Mailing to the address on file or last known address by U.S. mail or certified mail
3. Delivering by commercial delivery service (same-day or next-day)
4. Fax — if the party has filed an answer or appearance designating a fax number
5. Email — if the party has an email address registered with the EFM, or otherwise consents in writing; or by any other electronic transmission consented to in writing
6. Electronic service through the electronic filing manager (eFileTexas)

Mail Service — Three-Day Extension (Tex. R. Civ. P. 21a(c)): When service is made by mail, three (3) additional days are added to any response or action period computed from the date of service. No extension applies to electronic service or personal delivery.

Email Address on All Electronically Filed Documents: The email address of the attorney or self-represented party must be included on all documents electronically filed. Tex. R. Civ. P. 21(f)(1).

Unrepresented Parties: A self-represented party who is not registered with eFileTexas may be served by mail, personal delivery, or other methods in Tex. R. Civ. P. 21a(a).

PART I — CASE CAPTION

IN THE [________________________________] COURT
[________________________________] COUNTY, TEXAS

[________________________________],
Plaintiff(s),

vs. Cause No.: [________________________________]

[________________________________],
Defendant(s).

Presiding Judge: [________________________________]

PART II — IDENTIFICATION OF DOCUMENT(S) SERVED

Title(s) of Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if necessary)

Total Pages Served (including all exhibits and attachments): [____]

Date of Service: [__/__/____]

PART III — PARTIES AND COUNSEL SERVED

Party/Counsel No. 1:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], TX [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Texas State Bar No.: [________________________________]
Email Address Registered with EFM (eFileTexas): ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third Party ☐ Intervenor ☐ Counter-Defendant ☐ Other: [____________]
Self-Represented: ☐ Yes ☐ No

Party/Counsel No. 2:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], TX [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Texas State Bar No.: [________________________________]
Email Address Registered with EFM (eFileTexas): ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third Party ☐ Intervenor ☐ Counter-Defendant ☐ Other: [____________]
Self-Represented: ☐ Yes ☐ No

Party/Counsel No. 3:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], TX [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Texas State Bar No.: [________________________________]
Email Address Registered with EFM (eFileTexas): ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third Party ☐ Intervenor ☐ Counter-Defendant ☐ Other: [____________]
Self-Represented: ☐ Yes ☐ No

(Attach additional sheets for additional parties)

PART IV — METHOD OF SERVICE

Select all methods used. If different parties were served by different methods, note which method applies to which party.

A. Electronic Service via eFileTexas — EFM (Tex. R. Civ. P. 21(f)(2))

☐ Automated Electronic Service via eFileTexas.gov

The document(s) was filed electronically through eFileTexas.gov. Service was effectuated automatically by the Electronic Filing Manager (EFM) upon submission, which transmitted service notification to the Electronic Filing Service Providers (EFSPs) of all parties whose email addresses are registered with the EFM. Electronic service is complete upon transmission to the serving party's EFSP.

EFSP Used: [________________________________]
Date and Time of Submission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
eFileTexas Envelope/Transaction ID: [________________________________]

Parties/counsel served via EFM (email addresses registered with EFM):
Name: [________________________________] EFSP/Email: [________________________________]
Name: [________________________________] EFSP/Email: [________________________________]

Parties/counsel NOT registered with EFM (served by alternative method — identify below):
Name: [________________________________] Alternative Method: [________________________________]
Name: [________________________________] Alternative Method: [________________________________]

Note: Check local court rules to determine whether a separate written certificate of service is required in addition to the automated EFM service record.

B. Electronic Mail Service (Tex. R. Civ. P. 21a(a)(5))

☐ Service by Electronic Mail (Email)

Email service was made because the party to be served has either (a) an email address registered with the EFM, or (b) has otherwise consented in writing to email service.

Basis for email service: ☐ Registered with EFM ☐ Written consent (date: [__/__/____]) ☐ Designated in filed appearance

Email Address(es) Used: [________________________________]
Date and Time of Email Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Email Subject Line: [________________________________]
No failed/undeliverable notification received: ☐ Confirmed

Email service is complete on transmission (Tex. R. Civ. P. 21a(b)). No mail extension days are added. If transmission is returned as undeliverable, an alternative service method must be used.

C. Service by United States Mail (Tex. R. Civ. P. 21a(a)(2))

☐ First-Class U.S. Mail — Postage Prepaid

I enclosed the document(s) in sealed, properly addressed envelopes with first-class postage fully prepaid and deposited them in the United States mail.

IMPORTANT — MAIL SERVICE EXTENSION: Pursuant to Tex. R. Civ. P. 21a(c), when service is made by mail, three (3) additional days are added to any response or action period computed from the date of service.

Date of Mailing: [__/__/____]
Post Office/Mailing Location: [________________________________], Texas
City and State: [________________________________]

☐ Certified Mail — Return Receipt Requested
Certified Mail Article Number(s): [________________________________]
Return Receipt Received: ☐ Yes Date: [__/__/____] ☐ No/Pending

Parties/counsel served by mail:
Name: [________________________________] Address: [________________________________]
Name: [________________________________] Address: [________________________________]

D. Personal Delivery (Tex. R. Civ. P. 21a(a)(1))

☐ Personal Delivery — In Person or by Agent

The document(s) was personally delivered to the attorney or party.

Delivered to: [________________________________]
Capacity: ☐ Attorney of Record ☐ Party ☐ Authorized Agent
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

E. Commercial Delivery Service (Tex. R. Civ. P. 21a(a)(3))

☐ Service by Commercial Delivery Service

The document(s) was deposited with a commercial delivery service for same-day or next-day delivery.

Carrier Name: [________________________________]
Tracking Number: [________________________________]
Date of Deposit: [__/__/____]
Delivery Address: [________________________________]
Service Level: ☐ Same-Day ☐ Next-Day ☐ Other: [____________]
Delivery Confirmed: ☐ Yes — Date: [__/__/____] ☐ Pending

F. Facsimile Service (Tex. R. Civ. P. 21a(a)(4))

☐ Service by Facsimile

Fax service was made to a party who has filed an answer or other appearance in this action designating a fax number for service.

Fax number designated by party: [________________________________]
Party who designated this fax number: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of Pages (including cover page): [____]
Transmission Confirmation Received: ☐ Yes ☐ No

Note: Fax service is complete on the date of transmission if made during normal business hours. If transmission occurs after 5:00 p.m. in the recipient's local time, service is effective on the next day that is not a Saturday, Sunday, or legal holiday (Tex. R. Civ. P. 21a(b)).

PART V — SELF-REPRESENTED PARTY SERVICE

(Complete if any party is self-represented/pro se)

☐ One or more parties in this action are self-represented (pro se).

Self-Represented Party Name: [________________________________]
Address on File with Court: [________________________________]
Designated Email (if any): [________________________________]
Designated Fax Number (if any): [________________________________]
Registered with eFileTexas EFM: ☐ Yes ☐ No

Method of service on self-represented party:
☐ U.S. Mail — Address: [________________________________]
☐ Personal delivery
☐ Email (registered with EFM, or written consent date: [__/__/____])
☐ Fax (designated in filed document)
☐ eFileTexas (confirmed EFM registered)

Self-represented parties who are not registered with eFileTexas and have not designated an email address must be served by mail, personal delivery, commercial delivery, or fax (if designated). Tex. R. Civ. P. 21a(a).

PART VI — CERTIFICATION UNDER TEX. R. CIV. P. 21(a)

I, the undersigned, certify and declare as follows:

1. I am the ☐ attorney of record (Texas State Bar No.: [________________]) ☐ self-represented party in the above-captioned cause.

2. On [__/__/____], I served or caused to be served a true and correct copy of the document(s) identified in Part II upon all parties and/or counsel identified in Part III, by the method(s) specified in Part IV.

3. I certify compliance with Texas Rule of Civil Procedure 21a. This certification constitutes prima facie evidence of the fact of service pursuant to Tex. R. Civ. P. 21(a).

4. My email address (which must appear on all electronically filed documents per Tex. R. Civ. P. 21(f)(1)): [________________________________]

Signature: [________________________________]

Printed Name: [________________________________]

Texas State Bar No.: [________________________________]

Law Firm: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________], TX [________]

Phone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Date: [__/__/____]

PART VII — AFFIDAVIT OF SERVICE (For Non-Attorney Making Service)

(Complete if service was performed by someone other than the attorney of record)

STATE OF TEXAS
COUNTY OF [________________________________]

I, [________________________________], state under oath:

1. I am over the age of 18 years and am not a party to this lawsuit.

2. My business/residence address is: [________________________________], [________________________________], Texas [________].

3. On [__/__/____], I served a copy of the document(s) identified in Part II upon the party/counsel identified in Part III.

4. Method of service: [________________________________] (as described in Part IV).

5. Date and time of service: [__/__/____] at [____] ☐ a.m. ☐ p.m.

6. Name of person served: [________________________________]

I swear or affirm under penalty of perjury that the foregoing is true and correct.

Signature: [________________________________]

Printed Name: [________________________________]

Sworn to and subscribed before me on [__/__/____].

Notary Public, State of Texas: [________________________________]

Notary Commission Expires: [__/__/____]

PART VIII — PROOF OF ELECTRONIC SERVICE (eFileTexas)

(Complete or attach if local rules require a separate proof of electronic service)

I, [________________________________], Texas State Bar No. [________________________________], certify:

1. On [__/__/____], I electronically filed the document(s) identified in Part II through eFileTexas.gov via EFSP: [________________________________].

2. The EFM transmitted service notification to the following parties/counsel whose email addresses are registered with the EFM:
   Name: [________________________________] Email: [________________________________]
   Name: [________________________________] Email: [________________________________]

3. The following parties/counsel are NOT registered with the EFM and were served by alternative method as noted in Part IV:
   Name: [________________________________] Method: [________________________________]

4. eFileTexas Envelope/Transaction ID: [________________________________]

5. No notification of failed electronic delivery was received.

Signature: [________________________________]

Date: [__/__/____]

PART IX — TEXAS SERVICE SUMMARY TABLE

eFileTexas Resources:

• eFileTexas Portal: efiletexas.gov
• Mandatory for Texas attorneys in all courts with mandated e-filing
• EFM auto-generates service confirmation to EFSPs of all registered parties
• Retain EFSP transaction receipts and confirmation emails as evidence of service

Local Rules: Always verify local rules. Dallas County, Harris County (Houston), Travis County (Austin), Bexar County (San Antonio), and Tarrant County (Fort Worth) courts may have supplemental local e-filing and service requirements.

SOURCES AND REFERENCES

• Texas Rules of Civil Procedure (Full): eFileTexas TRCP PDF
• Tex. R. Civ. P. 21 (2023 version): South Texas College of Law
• Tex. R. Civ. P. 21a (2014 version): South Texas College of Law
• Texas Courts TRCP Full (amended through May 2020): txcourts.gov
• Butler Snow — Automated Certificates in Texas: Butler Snow