Aransas County Court at Law Service and Proof of Service Rules

CRITICAL

Applies to

Witness list and exhibit list

Witness and exhibit lists must be presented to opposing counsel at or before the Pre-Trial Hearing; the Court may allow witnesses or exhibits at trial for good cause.

Each party shall also present its Witness List with contact information and Exhibit List to opposing counsel at or before the Pre-Trial Hearing, or such witnesses or exhibits will not be permitted at trial except by permission of the Court for good cause shown.

CRITICAL

Parties must present exceptions, motions, and dilatory pleas to all other parties at least 7 days before the Pre-Trial Hearing; late matters are barred unless the Court permits them for good cause.

At least 7 days before the Pre-Trial Hearing all parties shall present to all other parties their exceptions, motions and dilatory pleas, including Motions in Limine and Motions for Continuance. Such matters will be ruled on by the Court at Pre-Trial. If such exceptions, motions and pleas are not raised or filed in a timely manner, they will not be allowed to be raised or filed except by permission of the Court for good cause shown.

CRITICAL

When a will cannot be produced, the Clerk must issue citation to all interested parties, including the devisees and those who would inherit by intestacy if the lost will were not admitted.

Texas Estates Code §258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon. When there is an application to probate a lost will, “all parties interested in the estate” includes both the devisees included in the will and the individuals who would inherit by intestacy if the copy of the lost will were not admitted to probate.

CRITICAL

For a case pending in District Court, the County Court at Law Judge may authorize substituted service only after consulting with and obtaining approval from the District Judge handling the case.

The County Court at Law Judge will not authorize substituted service as authorized by Texas Rules of Civil Procedure Rule 106 for any case pending in District Court without prior consultation with and approval from the District Judge in whose court the case is filed.

CRITICAL

The moving party must notify all parties of the summary-judgment submission date and certify to that notice when submitting the motion.

The moving party must properly notify all parties of the submission date and certify to such notice when the Motion is submitted.

CRITICAL

Service

Personal service

Heirs who would inherit if the lost will is not admitted must be personally served or waive citation by affidavit; if the lost will is a codicil, the original will's beneficiaries are served or waive instead.

5. All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under §258.002 or must execute an affidavit waiving citation. If the lost will is a codicil to an original will, the beneficiaries of the testator's original will, instead of the testator's heirs, must be personally served with citation under §258.002 or must execute an affidavit waiving citation.

CRITICAL

Service

Email to opposing party

Each side must email its proposed jury charge to opposing counsel when the parties cannot agree.

If the parties cannot agree, then each side shall prepare their own proposed jury charge and submit it to the Court in an editable format via email to the Court Manager and opposing counsel by email.

CRITICAL

The parties must exchange sworn inventories with one another.

In all cases requiring a division of property and/or liabilities the parties shall each exchange with each other and file with the court sworn inventories.

CRITICAL

After withdrawal is granted, the attorney must immediately notify the party in writing of any previously uncommunicated settings or deadlines then known to the attorney; notice or delivery must be in person or by both certified and regular first-class mail to the party’s last known address, and the Court may impose further conditions.

If the motion is granted, the withdrawing attorney shall immediately notify the party in writing of any additional settings or deadlines of which the attorney has knowledge at the time of the withdrawal and has not already notified the party. The Court may impose further conditions upon granting leave to withdraw. Notice or delivery to a party shall be either made to the party in person or mailed to the party's last known address by both certified and regular first class mail.

CRITICAL

Service

Personal service

Each person named as a devisee in the lost will must be personally served with citation or execute an affidavit waiving citation.

4. All persons who are named as devisees in the lost will must be personally served with citation under §258.002 or must execute an affidavit waiving citation.

CRITICAL

Applies to

Affidavit waiving citation

Signing the affidavit enters the signer’s appearance, waives issuance and service of process, and permits the case to proceed without further notice to the signer.

By signing this Affidavit Waiving Citation, I enter my appearance in this case for all purposes and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.

CRITICAL

The requesting party must notify all parties of the hearing or submission date and certify to that notice when submitting the motion.

The requesting party must properly notify all parties of the hearing or submission date and certify to such notice when the Motion is submitted.

WARNING

Applies to

Notice of motion or request

The requesting party must send notice of a Motion to Set or setting request to all other counsel in the case.

Notice of such Motion or request shall be sent to all other counsel in the case by the requesting party.

WARNING

The County Court at Law Judge may authorize a legally qualified individual or agency to serve process in a family law matter pending in District Court.

The County Court at Law Judge may authorize any legally qualified individual or agency to serve process in a family law matter pending in District Court as provided for in Texas fs-l1~e:-o=ivil /i: Procedure 103.