Tx Civil Procedure: Pj And Notice To D

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Substantive Due Process

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Constitutionally adequate grounds for PJ:

- Physical presence of D in forum state
- D is a domiciliary of forum state
- D consents to state's exercise of PJ
- D has minimum contacts w/forum state

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** Nonresident D's & Minimum Contacts Test

1) Non-resident D purposefully does some act/transaction in forum state
2) CoA must arise from/be connected w/act or transaction (specific jurisdiction)
3) Jurisdiction must not offend fair play/substantial justice

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If D has substantial systematic contacts w/forum, then second element is unnecessary --> general jurisdiction

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Requirements for In-State Service

Personal Service: D must be served with process (citation and petition). Via personal delivery or registered/certified mail

Service on Corporations: Registered agent, president, any VP If no agent, serve secretary of state (duty to notify D)

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Substitute service: If P's unsuccessful in serving D in person or by mail, then

1) P. may file motion w/affidavit stating usual place of abode/business of D and facts showing service attempted, but unsuccessful and
2) Court may authorize service by leaving w/anyone over 16 at location in affidavit (or any manner reasonably give D. notice of suit)

Last resort: Citation by publication

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Out-of-State Service: General Long-Arm Statute

Petition must specifically allege that D:
- is a non-resident
- has no regular place of business or person in charge in TX
- has no registered agent for service of process in TX; and
- has been doing business in TX

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To establish date of service of process (for long-arm statute):

- obtain certificate of service from Sec of State showing date it received process, forwarded to D, and date sec of return receipt
- certificate must be filed w/clerk of court to support a default judgment
- filing tolls SOL, but P must exercise actual diligence in procuring issuance & citation service--> sig delay may result in preclusion

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Proof of Service

- If service made by delivering process in person, return must be endorsed on or attached to citation. It must state time and manner of service and be signed by the server.
- If service is by mail, return is the same, except that return must also have return-receipt signed by addressee with it.

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Proof of service under the TX long-arm statute --> certificate of service from Secretary of State.