We Are Here to Serve

Table of Contents

Terms of Service of Litigation Supporters

These terms and conditions outline the rules and regulations for the use of Litigation Supporters’ Website and any services provided by Litigation Supporters.

By accessing this website or accepting any work from Litigation Supporters, you accept and agree to these terms and conditions in full. Do not continue to use Litigation Supporters’ website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This page outlines the entire agreement between users and Litigation Supporters and any verbal agreements are hereby null and void.

Cookies

We employ the use of cookies. By using Texas Legal Services’ website you consent to the use of cookies in accordance with Texas Legal Services’ privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Litigation Supporters and/or it’s licensors own the intellectual property rights for all material on Litigation Supporters. All intellectual property rights are reserved. You may view and/or print pages from https://litigationsupporters.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://litigationsupporters.com
  2. Sell, rent or sub-license material from https://litigationsupporters.com
  3. Reproduce, duplicate or copy material from https://litigationsupporters.com

Redistribute content from Litigation Supporters (unless content is specifically made for redistribution).

User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Texas Legal Services does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Texas Legal Services, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Texas Legal Services shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. Texas Legal Services reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to Texas Legal Services a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:

  1. Government agencies;
  2. Search engines;
  3. News organizations;
  4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  5. System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to admin@litigationsupporters.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Litigation Supporters’ logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

Litigation Supporters reserves all rights, expressed and implied, under the laws of the State of Texas and the United States of America. This includes, but is not limited to, the right to:

  • Modify this policy at any time;
  • Terminate this policy at any time;
  • Refuse to provide services to anyone who violates this policy;
  • Take any other action that Litigation Supporters deems necessary or appropriate to protect its rights.

No Waiver

No waiver of any provision of this policy will be effective unless in writing and signed by an authorized representative of Litigation Supporters.

Severability

If any provision of this policy is held to be invalid or unenforceable, such provision will be struck from this policy and the remaining provisions will remain in full force and effect.

Governing Law

This policy is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.

Contact Us

If you have any questions about this policy, please contact us.

Removal of Links From Our Website

Objectionable Links

If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links, but we have no obligation to do so or to respond directly to you.

Disclaimer

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy. We also do not commit to ensuring that the website remains available or that the material on the website is kept up to date.

Limitation of Liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage arising out of or in connection with the use of this website, including, without limitation, any liability for:

  • Loss of data or profits;
  • Business interruption;
  • Personal injury or death;
  • Any indirect or consequential loss or damage.

This disclaimer does not apply to liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law.

Governing Law

This disclaimer is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.

Contact Us

If you have any questions about this disclaimer, please contact us.

Content Liability

Liability for Content

We shall have no responsibility or liability for any content appearing on your website. This includes, but is not limited to, any content that is libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Indemnification

You agree to indemnify and defend us against all claims arising out of or based upon your website. This includes, but is not limited to, any claims for damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or based upon any claim that your website contains any content that is libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Link Restrictions

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. This includes, but is not limited to, content that violates the Digital Millennium Copyright Act (DMCA).

Governing Law

This content liability provision is governed by the laws of the State of Texas, without regard to its conflict of laws provisions. If any provision of this content liability provision is held to be invalid or unenforceable, such provision shall be struck from this content liability provision and the remaining provisions shall remain in full force and effect.

Contact Us

If you have any questions about this content liability provision, please contact us.

Disclaimer

The information and services on this website are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the accuracy, completeness, or suitability for any purpose of the information or services on this website.

To the fullest extent permitted by law, we exclude all liability for any loss or damage arising out of or in connection with the use of this website, including, without limitation, any liability for:

  • Loss of data or profits;
  • Business interruption;
  • Personal injury or death;
  • Any indirect or consequential loss or damage.

This disclaimer does not apply to liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law.

If you are a business user, you agree that the limitations of liability set out in this section are reasonable.

Free Services

If you use the website for free, we will not be liable for any loss or damage of any nature.

Changes to Disclaimer

We may revise this disclaimer from time to time. The most recent version of the disclaimer will be posted on this website.

Governing Law

This disclaimer is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.

Cancellation Policy

No Refunds

All sales are final. No refunds will be issued for cancellations after work has been performed. If you are billed for work, the invoice will still be due.

Exceptions

The following exceptions may apply to the no refund policy:

  • If the cancellation is made more than 24 hours before the scheduled service, a full refund will be issued.
  • If the service is cancelled by the customer due to unforeseen circumstances, a full refund may be issued at the discretion of the company.

Payment on Worked Performed by Litigation Supporters

*NOTE: Beginning August 1, 2023, we will stop accepting paper checks. You can still use a checking account to make payment, but you must agree to use ACH (electronic) processing of the check which is available using the link in the electronic invoice sent for each job. You may also opt to pay using a debit/credit card.

We will also begin charging a deposit equal to the cost of the service requested for each job at the time the job is submitted. This can be paid through our portal (https://litigationsupporters.com/new-job-order-form/) that is used to send requests for service. The “Bill Me” option will be disabled on August 1, 2023.

You may continue to submit service requests via email. If you choose this method, an invoice will be generated and emailed using the email address that the request was sent from. Invoices are due upon receipt, before any work is performed.

Charges for each job will be deducted from the deposit and a statement will be issued at the end of the month for any overages.

If you have any questions about these changes, please do not hesitate to contact us.

For more information on our Terms of Service, please visit https://litigationsupporters.com/terms-of-service/

We are glad you are a part of the Litigation Supporters team!

Payment is due upon receipt of the invoice. Invoices are sent the same day services are requested. You agree to pay the invoice upon receipt.

Late Fee Policy

NOTE: Invoices were sent out stating that starting March 1, 2023 late fees would apply after a 10 day grace period. We have increased the grace period to 14 days. The following is in effect immediately.

  • Grace Period: There is a 14-day grace period for all payments. If a payment is not received within the grace period, a late fee will be assessed.
  • Late Fee:
    • On the 15th day after the due date, a mandatory $5 initial fee will be assessed.
    • After the 15th day, a late fee of 2% of the outstanding balance will be assessed for each additional 30-day period.
  • Exemptions: The late fee policy does not apply to payments that are made within the grace period or to payments that are made in full by the due date.

Example:

  • A payment is due on February 1st.
  • The payment is not received until February 15th.
  • A late fee of $5 will be assessed.
  • The total amount due is now $55.
  • The payment is not received until March 15th.
  • An additional late fee of $1 will be assessed.
  • The total amount due is now $56.

 

There are no exceptions to the late fee.

Contractor Policy

Contractors/Sub-contractors

You agree to perform all work in a timely manner, within the common deadlines associated with each job and in compliance with the Terms of Service outlined on this page. You agree to follow all laws in the performance of any work assigned to you. You agree to seek and hold any applicable licenses including, but not limited to a driver’s license, any certification, registration, or license issued by a regulatory agency or state agency that you are required to have to perform all of your duties legally.

Use of ServeManager.com

You agree to use ServeManager.com to make all attempts and provide all affidavits required by Litigation Supporters. You understand that ServeManager.com is a secure and reliable platform that will allow me to track my progress and ensure that all attempts and affidavits are completed in a timely manner. All attempts must be entered into servemanager.com platform to count as “work” by the contractor. We reserve the right to cancel any job without pay if no attempts have been entered accordingly.

Affidavits

You agree to prepare all affidavits in accordance with the requirements of the Texas Rules of Civil Procedure and the JBCC Code of Ethics. You understand that affidavits must be prepared by the process server or the affiant and that the server cannot allow another person to prepare an affidavit on their behalf. The content of the affidavit must by that of the server alone and cannot be interfered with by any other person. No exceptions.

Changes to ServeManager.com

You agree to be bound by any changes to the terms of service of ServeManager.com. You understand that Litigation Supporters may modify the terms of service at any time and that my continued use of ServeManager.com will constitute my acceptance of any changes to the terms of service.

Governing Law

This agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.

Additional Work/Fees

You agree not to charge Litigation Supporters for any work that has not been approved in writing. If you fail to get written approval before any work is performed for additional fees, you agree to forfeit those fees. You agree to perform the duties assigned to you and no other unless you have written instructions to do so. You agree not to charge Litigation Supporters for any payment processing fees.

Payment Terms

Litigation Supporters will pay the independent contractor for the services at the agreed-upon rate. The independent contractor will be paid in arrears, within 30 days of the date of the invoice.

Payment Method

All contractors must agree to be paid by the method chosen by Litigation Supporters.

W-9

All contractors must provide a W-9 form to Litigation Supporters before they will be paid. This form is used to verify the contractor’s tax information.

Late Payments

If a contractor does not make a payment on time, they may be subject to late fees. The amount of the late fee will be determined by Litigation Supporters.

Non-Payment

If a contractor does not have a W-9 on file, they will not be paid. Litigation Supporters reserves the right to terminate any contract with a contractor who does not comply with this policy.

Invoices

The independent contractor must submit an invoice to Litigation Supporters for each completed project. The invoice must include the following information:

  1. Contractor’s legal name
  2. Contractor’s legal address
  3. Contractor’s phone number
  4. Contractor’s email address
  5. Job Number
  6. Date of invoice
  7. Invoice must be made out to Litigation Supporters
  8. Total Cost

In addition, invoices must be accompanied by a link where payment can be made using a credit card or debit card online through a secure portal. You must agree not to charge any late fees on any invoice provided to Litigation Supporters in order to do business with us. Invoices are paid in the order they are received and sometimes may be paid on a 30-day net.

We do not issue checks, money orders, or cashier’s checks, or use any quick pay apps for payment on invoices. Any request for any of these methods will be denied. Do not ask for an exception. None will be made.

Confidentiality Agreement

The independent contractor agrees to hold in strict confidence all confidential information of Litigation Supporters that the independent contractor may learn about or have access to during the course of providing services to Litigation Supporters. This includes, but is not limited to, information about Litigation Supporters’ business, customers, products, services, technology, and financial information. The independent contractor agrees not to disclose any confidential information to any third party, without the prior written consent of Litigation Supporters.

The independent contractor’s obligations under this section shall survive the termination of this agreement.

Disputes

Any disputes regarding payment will be resolved through mediation prior to any complaints filed with any professional association. If mediation is unsuccessful, the dispute will be resolved through binding arbitration.

Work Received

You acknowledge that Litigation Supporters is a legal services company and processes requests for work. Litigation Supporters may use sub-contractors to perform the work requested. Work received by Litigation Supporters will be performed using the same rules as above.

Attempts

Any request to alter the natural selection of the time any attempt is made will be denied. Process servers must choose when they go to make their attempts in order to maintain an unbiased and independent status required by JBCC and the Texas Rules of Civil Procedure.

Attempts will not be made on Sundays for cases originating from Texas. Sunday attempts will only be made if allowed by law.

If you have a court that has local rules, those local rules must be approved by the Texas Supreme Court in order for them to be complied with. If you have this approval, please provide it and it will be followed. Otherwise, the local rules are contrary to the law and will not be followed.

 

Duties and Services

Service Role Duties Reference
Representation
Attorney
  • Advising clients. Attorneys are responsible for providing legal advice to their clients. This includes explaining the law to clients, helping them to understand their legal rights and options, and developing strategies to achieve their legal goals.
  • Negotiating on behalf of clients. Attorneys often negotiate on behalf of their clients, whether it be with opposing parties, government agencies, or other entities. This includes drafting and reviewing contracts, resolving disputes, and mediating disagreements.
  • Conducting legal research. Attorneys are responsible for conducting legal research to support their clients’ cases. This includes researching case law, statutes, and regulations.
  • Drafting legal documents. Attorneys often draft legal documents, such as contracts, wills, and trusts. They must ensure that these documents are accurate and compliant with the law.
  • Representing clients in court. Attorneys may represent clients in court, either in trial or in other legal proceedings. This includes preparing for trial, presenting evidence, and arguing on behalf of their clients.
  • Maintaining client confidentiality. Attorneys are bound by the attorney-client privilege, which means that they must keep all information that is shared with them by their clients confidential.

 

In addition to these duties, attorneys may also be responsible for other tasks, such as managing client files, billing clients, and attending continuing legal education courses.

  • Texas Government Code Chapter 81
  • Texas Disciplinary Rules of Professional Conduct, Rule 1
Case Research and Document Preparation
Paralegal
  • Conducting legal research. Paralegals may conduct legal research to support their attorneys’ cases. This includes researching case law, statutes, and regulations.
  • Drafting legal documents. Paralegals may draft legal documents, such as contracts, wills, and trusts. They must ensure that these documents are accurate and compliant with the law.
  • Organizing and managing client files. Paralegals may organize and manage client files, which includes keeping track of documents, deadlines, and correspondence.
  • Communicating with clients. Paralegals may communicate with clients to answer their questions, provide updates on their cases, and obtain their signatures on documents.
  • Providing administrative support to attorneys. Paralegals may provide administrative support to attorneys, such as scheduling appointments, preparing presentations, and managing calendars.
  • Attending court hearings and depositions. Paralegals may attend court hearings and depositions to take notes, assist the attorney, and observe the proceedings.
  • Maintaining client confidentiality. Paralegals are bound by the attorney-client privilege, which means that they must keep all information that is shared with them by their clients confidential.

 

In addition to these duties, paralegals may also be responsible for other tasks, such as preparing trial exhibits, conducting interviews, and summarizing deposition transcripts.

  • Texas Government Code Section 81.102
  • The Texas State Bar Rules of Professional Conduct
Investigations
Private Investigator
  • Obtain a license. Private investigators in Texas must obtain a license from the Texas Department of Public Safety. To be eligible for a license, private investigators must meet certain education, experience, and training requirements. Performing any of the following acts requires a license AND employment by a Private Investigation Company AND assignment under contract by that company:
    • Obtains or furnishes, or accepts employment to obtain or furnish, information related to:
      • crime or wrongs done or threatened against a person, state, or the United States
        • AKA CRIMINAL INVESTIGATIONS
      • the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person
        • AKA SKIP TRACING AND BACKGROUND CHECKS
      • the location, disposition, or recovery of lost or stolen property
        • AKA ASSET RECOVERY
      • the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property
        • AKA ARSON INVESTIGATION
    • engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee
    • engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity
    • engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer
  • Act within the law. Private investigators are bound by the law, and they must act within the bounds of the law when conducting investigations. This includes respecting the privacy of individuals and avoiding engaging in any illegal or unethical activities.
  • Maintain confidentiality. Private investigators are often privy to confidential information, and they must maintain the confidentiality of this information. This means that private investigators cannot disclose confidential information to anyone other than their clients or authorized law enforcement personnel.
  • Report crimes. If a private investigator learns of a crime while conducting an investigation, they are required to report the crime to law enforcement.
  • Maintain accurate records. Private investigators are required to maintain accurate records of their investigations. These records should include the dates and times of interviews, the names of witnesses, and the results of any tests or examinations that were conducted.

 

In addition to these duties, private investigators may also be required to follow other specific regulations, depending on the type of investigation they are conducting. For example, private investigators who are conducting background checks on potential employees may be required to follow the Fair Credit Reporting Act (FCRA).

Private investigators who violate the law or the rules and regulations governing private investigators in Texas may be subject to disciplinary action by the Texas Department of Public Safety. This disciplinary action may include suspension or revocation of their license.

  • Texas Occupations Code, Chapter 1702
  • Texas Administrative Code, Chapter 35
Service of Process
Process Server
  • Be a certified process server. Process servers in Texas must be certified by the Judicial Branch Certification Commission (JBCC). To be certified, process servers must meet certain education, experience, and training requirements.
  • Serve legal documents in a timely manner. Process servers must serve legal documents in a timely manner. This means that they must serve the documents within the time limits set by law.
  • Serve legal documents in the correct manner. Process servers must serve legal documents in the correct manner. This means that they must follow the procedures set forth by law.
  • Maintain accurate records. Process servers must maintain accurate records of their service. These records should include the dates and times of service, the names of the parties served, and the names of the witnesses present.
  • Act within the law. Process servers are bound by the law, and they must act within the bounds of the law when serving legal documents. This includes respecting the privacy of individuals and avoiding engaging in any illegal or unethical activities.

 

In addition to these duties, process servers may also be required to follow other specific regulations, depending on the type of legal document they are serving. For example, process servers who are serving subpoenas may be required to follow the rules of civil procedure.

Process servers who violate the law or the rules and regulations governing process servers in Texas may be subject to disciplinary action by the JBCC. This disciplinary action may include suspension or revocation of their certification.

  • Texas Rules of Civil Procedure, Rules 103, 105, 106, 107, 501
  • Texas Government Code, Section 22.025
  • Texas Government Code, Chapters 151-157
  • Texas Government Code, Chapters 52 and 57
  • Rules of the Judicial Branch Certification Commission
  • JBCC Code of Conduct
Document Retrieval and Document Delivery
Courier
  • Act in a professional and trustworthy manner. Document couriers are responsible for the safe and secure delivery of documents, and they must act in a way that upholds the trust that their clients place in them. This means being honest, reliable, and discreet.
  • Obtain all necessary permits and licenses. Document couriers may be required to obtain certain permits or licenses in order to operate in Texas. This is typically the case for couriers who transport sensitive or confidential documents.
  • Follow all applicable laws and regulations. Document couriers must comply with all applicable laws and regulations, including those governing the transportation of hazardous materials.
  • Provide proof of insurance. Document couriers may be required to provide proof of insurance to their clients. This helps to protect both the courier and the client in the event of an accident or loss.
  • Sign a non-disclosure agreement. Document couriers may be required to sign a non-disclosure agreement in order to protect the confidentiality of the documents they are transporting.

 

In addition to these legal duties, document couriers may also have other responsibilities, such as:

  • Picking up and delivering documents on time.
  • Tracking the status of deliveries.
  • Providing proof of delivery.
  • Handling customer inquiries.

 

Document couriers who fulfill their legal duties and responsibilities in a professional manner can help to ensure the safe and secure delivery of documents, which can be essential for businesses and individuals alike.

 

  • Business and Commerce Code Chapter 7. Documents of Title
  • Transportation Code Chapter 521. Driver’s Licenses and Certificates
  • Uniform Commercial Code (UCC)

Third Party Affidavits and Use Thereof

Affidavits must be the product of the server or the affiant. Returns must be filed promptly by the Process Server with the clerk of the court (TRCP 107).

PROCESS ORIGINATING FROM TEXAS

According to the JBCC, the client has no say on the production of the Return of Service or when the Return of Service is filed with the proper clerk of the court. This is solely the responsibility of the server and cannot be interfered with. The Process Server must draft their own Return of Service and if the Process Server seeks an attorney to do this for them, they may do so as long as the Process Server is the one signing the Return.

Document preparation for another person is in violation of Government Code Subchapter G UNAUTHORIZED PRACTICE OF LAW, Sec 81.102 and the JBCC Code of Ethics.

Click on this link to access the –> JBCC Curriculum for your reference.

Compliance with Texas Law

The Texas Rules of Civil Procedure (TRCP) require that affidavits and Returns of Service be filed promptly with the clerk of the court. TRCP 107 states that “the return and any document to which it is attached must be filed with the clerk of the court within ten days after the service is made.”

The JBCC Code of Ethics also prohibits process servers from allowing others to prepare their Returns of Service. The Code of Ethics states that “a process server shall not allow another person to prepare a Return of Service on their behalf.”

Page 3, Paragraph a. clearly states one of the duties of the Process Server is for the Process Server to complete the Return.

Page 11, First Paragraph, clearly states the Process Server fills out the Return.

Page 15, First Paragraph, clearly states again that the Process Server must file the return with the court.

Page 16, First Paragraph, clearly states again that the Return must be promptly filed with the court.

Page 16, Last Paragraph, clearly states that Rule 107 applies to “…other documents..” the Process Server may be requested to serve.

Page 16, Second Paragraph, states that the only form permitted to be filled in by the Process Server, is the form that is printed on the Citation. Otherwise it must be drafted and typed.

Page 16, Third Paragraph, states that the Process Server completes the Return.

Page 17, First Paragraph, states again that it is the “officer or authorized person” who makes the attempts should complete the Return.

Page 17, First Paragraph. more precisely and literally states that it is the duty of the Process Server to draft the Return, not the duty of the “…process server company or anyone else…”

Page 17. First Paragraph, the Process Server “…may not rely on the attorney to file the Return…”

Page 17, Fifth Paragraph, even on unsuccessful attempts a Return must be promptly filed.

Page 18, First Paragraph, any request to delay the filing of the return is unlawful.

Page 18, First Paragraph, the Return does not belong to the party who paid the Process Server.

PROCESS ORIGINATING FROM OTHER STATES OR COUNTRIES

Affidavits must be the product of the process server or the affiant. The client has no say on the production of the Return of Service or when it is filed with the clerk of the court. This is solely the responsibility of the process server and cannot be interfered with.

In the case of process originating from other states or countries, the process server must comply with the laws of the jurisdiction in which the service is being performed. This includes the requirement that affidavits be prepared by the process server or the affiant.

If a third-party affidavit is submitted, the process server must be able to demonstrate that the affidavit was prepared in compliance with the laws of the jurisdiction in which the service was performed. If the process server cannot demonstrate compliance, the affidavit will not be accepted.

Compliance with United States Federal Law

The Federal Rules of Civil Procedure (FRCP) also require that affidavits and Returns of Service be filed promptly with the clerk of the court. FRCP 4(l) states that “the server shall file a return with the court promptly after service.”

The Federal Rules of Evidence (FRE) also prohibit the use of affidavits that have been prepared by a third-party. FRE 602 states that “an affidavit is not admissible unless the affiant is available for cross-examination.”

It is important for process servers to comply with both Texas law, the JBCC Code of Ethics, the FRCP, and the FRE when preparing affidavits and Returns of Service. By doing so, process servers can help to ensure that their work is legally sound and ethical.

Notarization of Returns

Since the pandemic, courts have phased out the need to have affidavits, returns, and proof of services notarized reducing the risk of contact with others. We have also transitioned away from this practice and provide a streamlined process for getting these items signed, filed, and returned to the client. By using Litigation Supporters you agree to this process.

Exceptions to this policy may be made upon receipt of a court order requesting that a return be notarized. In that case the following fees will apply:

$10 for the first document, $1 for each additional signature on the same document.

$10 for each additional document, $1 for each additional signature on the additional document.

Travel fee $65.