The Must-Know Rules for Serving Processes on Holidays

If you have a legal issue pending as the holiday season approaches, you may wonder about the legalities of serving process on holidays. At Accurate Serve, a premier process service agency in Dallas, we’ve definitely heard this question before. The answer really depends on where you are and if a court order is in place. In this post, we’ll shed some light on this frequent misunderstanding.

What is Process Service?

Firstly, let’s clarify what process serving entails. Process servers are crucial in the legal system, and responsible for delivering legal documents such as subpoenas, summonses, and complaints. This service is essential for ensuring that individuals are informed about legal proceedings involving them, adhering to the principle of due process.

How Texas Handles Holidays

In Texas, there is no law explicitly prohibiting process serving on holidays. This means that, legally, process servers in Texas can deliver documents on holidays like Christmas, Thanksgiving, and Independence Day. However, it’s important to note that Texas does have a specific rule regarding Sundays. According to the Texas Rules of Civil Procedure, Rule 6, process serving is not permitted on Sundays. This is a unique aspect of Texas law that sets it apart from other states, like Georgia, where Sunday service is allowed.

Skipping Service on Holidays is Probably Best…

Despite the legal allowance to serve processes on holidays in Texas, it’s generally not considered best practice to do so except in exceptional circumstances or under a court order. The rationale behind this is rooted in respect and consideration for individuals’ personal time and space. Holidays are often seen as sacred times for rest, relaxation, and family gatherings. Serving legal documents during such periods can be perceived as intrusive and insensitive.

…With Some Exceptions

However, there are instances where the urgency of legal matters may necessitate serving processes on holidays. In such cases, professionalism and discretion are paramount. Decisions to serve on holidays are typically made with careful consideration of the circumstances, often requiring specific direction and an order from the court.

At Accurate Service of Dallas, We Play by the Rules

At Accurate Serve, we pride ourselves on our professionalism and adherence to legal and ethical standards. Our team is well-trained and knowledgeable about the nuances of process serving in Texas, including the specific rules about serving on holidays and Sundays. We are committed to ensuring that legal documents are served in a timely and respectful manner, balancing the demands of the legal process with the dignity and rights of individuals.

If you require process service or any other legal support services in the Dallas area, we invite you to contact us at (469) 518-9581 or submit a work request online.