Social Media and Service of Process for Lawsuits
Texas has joined a growing list of states that recognizes modern communications realism, people communicate via social media more today than ever before. Platforms such as Facebook, TikTok, and Instagram may provide the basis for effective and enforceable service of process for lawsuits.
Texas Rules of Civil Procedure 106 and 108
Effective December 31, 2020, Texas Rules of Civil Procedure 106 and 108 are amended to allow substituted service of process by “social media, email or other means.” For practitioners, this could provide the only practical way to move your cases forward.
When Seeking a Rule 106 Motion
Comments following Rule 106 specifies a Plaintiff’s burden when seeking a Rule 106 motion by electronic means:
A) the technology actually belongs to the defendant
B) the defendant regularly uses or recently used the technology.
Tex R Civ P 106, Comment.
This is a warning to all the selfie-loving, casserole-baking, sport-maniacs out there, beware or you could just get served.