Aransas County Justice of the Peace Courts Service and Proof of Service Rules

CRITICAL

Service

Mail

After an unconsented motion to withdraw is granted, the attorney must notify the Defendant by regular mail, state any settings, and advise the Defendant of the right to obtain other counsel.

After motion to withdraw is granted , the withdrawing attorney shall advise a Defendant who has not consented to the motion of the withdrawal by regular mail , stating any settings for trial or otherwise , and advising the defendant of the right to secure other counsel.

CRITICAL

Applies to

Transfer order

A copy of a transfer order must be delivered to each party or that party's attorney of record.

a copy of the Order shall be delivered to each party or their attorney of record.

CRITICAL

Applies to

Notice of hearing

Service

Mail to all parties

The clerk mails the hearing notice to the filing party and all other respondents listed in the petition.

notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e. towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).

CRITICALCriminal cases

The opposing party must be properly notified of the continuance motion filing for the stated continuance procedure to apply.

the opposing party is properly notified of the filing

CRITICAL

Service

Mail

Notice of a motion to withdraw must be mailed to the Defendant at least 7 days before the docket setting.

Notice of the motion must also be mailed to the Defendant at least 7 days prior to the docket setting.

CRITICAL

If the defendant fails to comply with the specified programs, the clerk must send notice requiring the defendant to appear at the stated time and place to show cause.

The court clerk shall send notice to the defendant If the defendant fails to comply with the terms and conditions of the Driver's Safety, Community Service, Deferral, or Payment Plan. and require that the defendant appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.

CRITICALCriminal cases

Service

Mail

The clerk must initiate written notice to the defendant by regular mail on the day after a failure to appear.

If a defendant fails to appear at the initial court setting, the clerk shall, on the day following the defendant’s non-appearance, initiate a written notice to the defendant, sent by regular mail, indicating or including:

CRITICAL

Applies to

Withdrawal motion

If no replacement attorney is named, the motion must be delivered to the party and include the party's contact information.

If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.

CRITICAL

When no substitute attorney is named, the withdrawal motion must be delivered to the party.

If no other attorney is to be substituted, the motion must be delivered to the party

CRITICALCriminal cases

Service

Mail

When a defendant fails to satisfy the judgment, the clerk must send written notice to the defendant by regular mail.

If a defendant fails to satisfy the judgment according to its terms, the clerk shall send written notice to the defendant, by regular mail, indicating or including:

CRITICAL

If the Defendant has not consented to withdrawal, the motion must be mailed to the Defendant by certified mail and regular first-class mail.

In the event the Defendant has not consented , a copy of the motion to withdraw shall be mailed to the Defendant at his/her last known address by certified mail

CRITICALCriminal cases

After leave to withdraw is granted, the attorney must notify the Defendant by regular mail, state any settings and the right to obtain other counsel, and send notice to State’s counsel and the Clerk.

After leave to withdraw is granted, the withdrawing attorney shall advise the Defendant of the withdrawal by regular mail, stating any settings for trial or otherwise, and advising the defendant of the right to secure other counsel. Notice shall also be sent to counsel for the State and to the Clerk of the Court.

CRITICALCriminal cases

Service

Mail

If the Defendant does not consent, the motion and notice must be mailed to the Defendant’s last known address by certified and regular first-class mail, with the presentation date at least ten days after mailing and notice of the deadline for written objections.

In the event the Defendant does not consent, a copy of the motion to withdraw shall be mailed by certified and regular first-class mail to the last known address of the Defendant with an accompanying notice advising the Defendant that the motion will be presented to the Court on or after a certain date and time not less than ten (10) days after mailing the letter. Notice shall also advise that any objection to such withdrawal should be made to the Court in writing before such time.

WARNING

Service

Mail to all parties

The clerk mails hearing notice to the filing party and all other respondents listed in the petition.

The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e. towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).

INFO

Service

Mail

The Clerk will mail notice stating whether the Judge approved or denied the DSC request.

The Clerk will mail out notice regarding request of DSC whether it was denied or approved by the Judge.