Can a Process Server Serve Papers on a Holiday? Know the Rules in Texas

When legal deadlines loom, clients often ask: Can a process server serve papers on a holiday? The short answer is yes — in most situations, process servers can serve papers on holidays, including federal holidays like Christmas, Thanksgiving, and Independence Day.

However, the complete answer depends on Texas state law, local court rules, and individual case requirements. If you’re working with Houston Process Servers, we help clarify these rules to ensure each serve is compliant, even on weekends and holidays.

Process Service in Texas: The Basics

In Texas, a process server may serve legal documents any day of the week — including Sundays and holidays — unless a specific court order states otherwise. This gives clients flexibility, especially in time-sensitive cases such as restraining orders, subpoenas, or temporary injunctions.

Texas law (Texas Rules of Civil Procedure Rule 6) does not prohibit service on holidays. Still, ethical concerns, practical barriers, and discretion play a role in determining whether holiday service is appropriate.

Can a Process Server Serve Papers on These Federal Holidays?

Here’s a breakdown of whether legal documents can be served on each U.S. federal holiday:

Download PDF Spreadsheet: Holiday Process Serving Matrix

Can a Process Server Serve Papers on Christmas?

Yes, but it’s not typically recommended unless it’s urgent.

Texas law does not ban service on Christmas Day. However, most process servers — including our team at Houston Process Servers — apply professional discretion. Serving someone on Christmas can seem aggressive and may escalate stress in sensitive legal situations such as divorce, custody, or protection orders.

Still, if a defendant has been avoiding service, holidays like Christmas might offer a rare chance to reach them when they’re at home.

Can a Process Server Serve Papers on Other Holidays?

Yes — and here’s how service is generally viewed for each federal holiday:

New Year’s Day (January 1)

Service is legally allowed. Most people are home, but it may be seen as intrusive unless absolutely necessary.

Martin Luther King Jr. Day (3rd Monday in January)

Service is permitted. It’s a federal holiday, but business as usual for process servers unless courts are closed for your specific filing.

Presidents’ Day (3rd Monday in February)

No restrictions. Servers often work through this holiday.

Easter Sunday (not a federal holiday, but widely observed)

Although service is allowed, we avoid serving on religious holidays unless directed by the client in urgent cases.

Memorial Day (Last Monday in May)

Service is permitted. However, like other patriotic holidays, it may seem disruptive unless the situation calls for it.

Juneteenth National Independence Day (June 19)

Service is valid, but newer holiday recognition means some courts and government offices may be closed.

Independence Day (July 4)

Yes, papers can be served. Many process servers avoid this day unless the case is urgent or the subject is evasive.

Labor Day (1st Monday in September)

Service is permitted under Texas law. It’s best to alert us in advance if holiday service is needed.

Columbus Day / Indigenous Peoples’ Day (2nd Monday in October)

No legal barrier. Process servers can operate on this holiday.

Veterans Day (November 11)

Service is allowed. Many veterans and their families may view this as a day of rest and reflection, so discretion is key.

Thanksgiving Day (4th Thursday in November)

Service is legally allowed but strongly discouraged unless the matter is critical. Many servers, including ours, will avoid serving unless requested by a client with a compelling reason.

Christmas Eve (December 24)

Yes, but many people are with family or traveling. We recommend holiday service only for time-sensitive or evasive cases.

Christmas Day (December 25)

Allowed, but highly sensitive. Only served in rare, high-priority scenarios.

New Year’s Eve (December 31)

Service is valid, but parties, travel, and celebrations often make it impractical. Use with caution.

Other Common Holiday Service Questions

What if the Defendant Refuses Service on a Holiday?

If someone refuses to answer the door or accept documents on a holiday, that does not invalidate the attempt. In fact, multiple holiday avoidance attempts may be used to justify alternate service methods (like service by posting or publication).

Are Courts Open on Holidays?

No. Most courts are closed on federal holidays, but document delivery by private process servers is still legally valid. You don’t need courts to be open for a valid serve to occur.

 When Holiday Service Makes Sense

Here are a few situations where serving on a holiday may be appropriate:

• Time-sensitive hearings with deadlines approaching immediately after the holiday

• Cases involving evasive recipients who have been hard to reach during business hours

• Emergency matters like temporary restraining orders (TROs)

• Defendants are known to be home with family during the holidays

If you need legal documents served over a holiday weekend, let Houston Process Servers know early so we can accommodate your schedule and plan discreet, professional service.

Holiday Service We Avoid

Our office at Houston Process Servers uses professional judgment in all service attempts. We do not serve on religious observances or holidays unless there is a court-imposed deadline or a client request with legal merit.

We also do not serve eviction notices, regardless of the calendar date, as part of our internal policy.

How to Order Holiday Process Service

Here’s how to hire us for holiday service:

1. Visit our website and fill out the Service Request Form.

2. Attach your documents (PDF preferred).

3. Indicate if your case involves a holiday deadline or if the defendant is hard to find.

4. We’ll assign a certified Texas process server.

5. You’ll receive email updates after every attempt.

We do not accept phone orders, and no live tracking is available, but we ensure fast communication by email.

Summary: Can Process Servers Serve on Holidays?

Yes — a process server can serve papers on a holiday in Texas, including every federal holiday. While it’s legally allowed, each serve must be made with care, tact, and in accordance with both ethics and urgency.

With Houston Process Servers, you can trust that your documents will be delivered on time, whether it’s a holiday, weekend, or regular business day.