I am responsible for prosecuting corporations for city code violations at the municipal court level. Many of these corps are rogue entities and often do not actually office where they say they do, thereby making it difficult to properly serve them.

It has, however, come to my attention that the inspectors who regulate these corporations within the city can order the leadership to appear at the inspector's office for whatever reason.

My question is, would it somehow be unethical, IN A CRIMINAL matter, for me to encourage the inspector to order the leadership of the corporation into the department's office, and have the deputy marshall sitting there waiting to serve the leadership. It sounds like a great idea, but I fear it might somehow be unethical for a prosecutor. Any thoughts?

IMHO, It would seem to me that if they were called into the office for a legitimate reason and the deputy just happened to be there, there would be no problem.

Corporate entities in the State of Texas must have a designated agent for the service of process. I know many corporations use a company that does nothing else except accept service of process for the corporation. In Houston, it was the CT Corporation. Check the records and see who the designated agent for service is.

I disagree with the other approach. It has the appearance of impropriety.

I would utilize the contact information that the inspector has to serve the summons. If he knows how to contact them to appear for a meeting, this information should be sufficent to serve the summons. The Secretary of State's office has the name and address of the registered agent for service, and service is also proper on any officer of the corporation.

While they might have a designated agent for the service of process, there is no requirement under the Rules of Civil Procedure that you are only allowed to serve just that one person.

When the defendant is a corporation, the citation is directed to the corporation and name as agent for service the president, any vice-president, or the registered agent. See Dan Edge Motors v. Scott, 657 S.W.2d 822, 823 (Tex.App. - Texarkana 1983, no writ).

So the choice is left to you on who you want to serve and who is easiest to get served.

If they are really ducking service, and the more conventionals means of serving them are unsuccessful then you might try your idea. It has a lot more chance of passing the smell test if you are using it on a company that appears to be intentionally avoiding service than if it looks like you are jerking someone downtown just to avoid making a trip to his office.

I'm guessing from the way you describe it that you may be able to document unsuccessful attempts to serve the corporations as suggested by the previous posters. If so, it may be equally difficult for your regulator to contact them, too, of course, but at least giving it a try as a last resort will probably offend fewer sensibilities.