Bell County District Courts Service and Proof of Service Rules

Service

Mail

When substitution or consent is absent, the withdrawing attorney must give written notice to the client at least ten days before requesting withdrawal and send the notice by certified mail with return receipt requested.

If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten ( I 0) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.

If opposing counsel's approval as to form cannot be secured, counsel may file a motion for entry of the proposed disposition and secure a hearing with notice to opposing counsel.

File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21 a, Texas Rules of Civil Procedure.

A party submitting a proposed disposition for signature must serve the proposed document and requesting letter on every other party who has appeared and remains in the case.

Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case, in accordance with Rule 21 a, Texas Rules of Civil Procedure.

Applies to

Hearing notice

After entry of an emergency ex parte order, TDFPS must notify all parties, including the attorney ad litem and guardian ad litem, of the 14-day adversary hearing date and location no later than the second business day after the order.

Upon the entry of an emergency ex parte order, the TDFPS shall notify all parties, including the attorney ad litem and guardian ad litem for the child(ren), of the date and location of the 14-day adversary hearing not later than the second business day from the date of the order.

TDFPS is responsible for timely service of citation on all parties entitled to process so that review or final hearings need not be postponed and the dismissal date need not be extended.

The TDFPS is responsible for ensuring that all parties entitled to process are served with citation in a timely fashion so as to not to necessitate postponement of any review or final hearing or extension of the dismissal date.

Applies to

Hearing notice

After the 14-day adversary hearing, the Court Coordinator must provide written notice of all case-related hearings to all parties, including the attorney ad litem and guardian ad litem, by personal delivery, mail, email, another court-directed method, or notice in open court.

Following the 14-day adversary hearing, the Court Coordinator for the Centex Child Protection Courts is responsible for notification of all parties, including the attorney ad litem and guardian ad litem of the child(ren), of all adversary, status, permanency, placement review and other hearings in connection with the case, including final hearings on trial on the merits. All such notices of hearings shall be in writing and served in the manner as prescribed in Rule 21(a) of the Texas Rules of Civil Procedure by delivering a copy to the party to be served or the party's attorney of record, either in person, by mail to the party's last known address, or, by email, or by such other manner as the Court in its discretion may direct. Notice of hearings may also be effectuated in open court as noted on the court docket or scheduling order signed by the parties or announced in open court.

Applies to

Hearing notice

All parties should be served or have waivers on file by the Initial Permanency Hearing; if a party remains unserved, TDFPS must provide proof of its reasonable due-diligence efforts.

All parties should be served or have waivers on file by the date of the Initial Permanency Hearing. If any parties to the action have not been served by that date, the TDFPS shall provide proof of their reasonable efforts to exercise due diligence in finding such party.

A copy of the motion must be delivered to every party or the party's attorney by the third working day after removal, using the specified service rules.

A copy of such motion shall be delivered to all parties (or their respective attorneys) in accordance with the (T.R.C.P. 21a) or by Rule 4.2 above, by no later than the 3" working day following the date of the removal.

All parties must be named and served at least seventy-five days before trial.

7.6 DEADLINES. Except with leave of court, all pleadings must be amended or supplemented at least thirty (30) days prior to trial. All discovery must be completed at least thirty days prior to trial. All parties must be named and served at least seventy-five (75) days prior to trial.

A party without an attorney must maintain a current address on file with the District Clerk.

All parties who do not have an attorney shall maintain a current address on file with the District Clerk.

Notice to an unrepresented party may be made in open court, by personal service, by certified and first-class mail to the address on file, or under Rule 4.2.

Pursuant to TRCP, a notice to a party without an attorney may be made by notice in open court, or personal service, or service to the current address on file with the clerk by sending notice both certified mail and first-class mail, or pursuant to Rule 4.2 above.