Bexar County Courts at Law Service and Proof of Service Rules

CRITICALCivil cases

Service

Personal service

Until the Texas Supreme Court resolves the issue, personal in-state service of a guardianship application on a proposed ward must be performed by a sheriff or constable.

It is therefore ORDERED that personal in-state ser\1ce of a guardianship application on a proposed \•vard shall be done by the sheriff or constable pursuant to Estates Code§ 1051.051(b)(1) until the issue of whether such service by pri\'ate process server is effective is resolvec 1.Jy tr.e Texas Supreme Court in In re the Guardiansh(v of James F. Fairley.

CRITICALCivil cases

Service

Publication

The notice of appointment to creditors must be published in a newspaper of general circulation in the county.

Within 30 days after you have qualified (taken and filed the oath and given any required bond), you must publish your notice to creditors in a newspaper of general circulation in this county, advising all creditors of your appointment.

CRITICALCivil cases

File proof of both creditor notices with the clerk’s office.

You must file proof of the above two notices with the clerk’s office.

CRITICALCivil cases

Service

Personal service

Statutory Probate Courts must issue local orders authorizing constables or sheriffs to serve a proposed ward or ward in a facility prohibiting in-person visits by either of the stated alternate methods.

This Administrative Order requires all Statutory Probate Courts to issue local orders that conform to the following: 1. Authorizing the constable or sheriff, in a guardianship proceeding, to accomplish personal service by alternate methods on a proposed ward or ward who is located in a facility that is prohibiting in-person visits, such as: a. leaving a true copy of the citation, with a copy of the petition attached, with anyone over eighteen years of age at the facility who commits in advance to deliver the citation to the proposed ward or ward subject to the citation; or b. by affixing the citation on the door to the entrance of the facility in which the proposed ward or ward is located; and

CRITICALCivil cases

Applies to

Citation

Service

Mail

For the listed persons, file proof of service by qualifying mail or the applicable waivers.

File Proof of Personal Process (by registered or certified mail, return receipt requested, or by any other form of mail that provides proof of delivery) or Waiver of Process, Waiver to Serve, as applicable. Adult children Adult sibling Administrator of nursing home or operator of residential facility Power(s) of Attorney Person designated to serve as guardian by written declaration Other living relatives (as applicable see statutes).

CRITICALCivil cases

Proof of service must be provided.

Proof of Service. §1051.153

CRITICAL

Exhibits intended for a jury trial must be exchanged before voir dire begins.

All exhibits intended for use at a jury trial must be exchanged and a unified "Exhibit List" provided to the Court Reporter prior to the commencement of voir dire.

CRITICALCivil cases

Applies to

Citation

Service

Personal service

File proof of personal service of citation on a Proposed Ward over age 12.

File Proof of Personal Service of Citation on Proposed Ward over the age of 12. §1051.103

CRITICALCivil cases

Service

Mail

Serve each secured creditor by registered or certified mail with return receipt requested.

Within two months after your qualification, you must mail a registered or certified letter, return receipt requested, to each secured creditor of the estate.

CRITICALCriminal cases

Motions must be served in accordance with the Local Rules of the Bexar County Courts at Law and the Texas Code of Criminal Procedure.

ALL motions must be in writing and filed/served in accordance with the Local Rules of the Bexar County Courts at Law and the Texas Code of Criminal Procedure.

CRITICALCivil cases

Service

Mail

Serve each secured creditor by registered or certified mail with return receipt requested.

Within two months, you must mail a registered or certified letter, return receipt requested, to each secured creditor of the estate.

CRITICALCriminal cases

Evidence tending to negate guilt or mitigate the offense must be disclosed and produced by 5:00 p.m. on the day it is discovered, unless otherwise agreed.

Additionally, as per the Texas Disciplinary Rules of Professional Conduct Rule 3.09(d), ("Duties of District Attorneys" requires that "[t]he prosecutor in a criminal case shall:...make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense...") evidence that tends to negate guilt or mitigate the offense shall be disclosed. Said evidence is to be produced on or before 5:00 p.m. on the day of its discovery or by agreement.

CRITICALCivil cases

Service

Personal service

Citation to heirs-at-law by personal service.

Citation to heirs-at-law by personal service.

CRITICALCivil cases

The county clerk issues a citation that is posted outside the courthouse for 10 days.

The county clerk prepares and issues a citation, which is posted outside the courthouse for 10 days.

CRITICALCivil cases

Service

Mail

Send all beneficiary notices by registered or certified mail with return receipt requested.

All notices must be sent by registered or certified mail, return receipt requested.

CRITICALCivil cases

Applies to

Citation

Service

Personal service

File proof of personal service of citation with the required notice, or the specified waivers, for the listed persons.

File Proof of Personal Service of Citation (with notice of right to receive notice about ward) or Waiver of Process, Waiver of priority to Serve. §1051.103 Mother Father Conservator or person having control of the care and welfare of Proposed Ward Spouse Non-applicant person to be named guardian

CRITICAL

Applies to

Application for order and hearing notice

An application for an order and notice of its hearing must be served on the adverse party at least three days before the hearing, unless the rules provide otherwise or the Court shortens the time.

B. An application to the Court for an Order and notice of any hearing thereon not presented during a hearing or trial, shall be served upon the adverse party not less than three (3) days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the Court.

CRITICALCivil cases

File proof of the published notice and the mailed notices to secured creditors with the clerk’s office.

You must file proof of the above two notices with the clerk’s office.

CRITICALCivil cases

Service

Personal service

Effective April 1, 2021, the sheriff or constable must serve citations or notices requiring or requesting personal service on individuals in Texas unless a statute provides otherwise.

IT IS, THEREFORE, ORDERED that effective April 1, 2021, where personal service of citation or notice is required or requested on an individual who is in this state, personal service of citation or notice shall be served by the sheriff or constable unless otherwise specifically provided for by statute.

CRITICAL

Counsel must submit proposed jury questions, instructions, and definitions to opposing counsel at least seven days before trial.

Counsel must submit proposed jury questions, instructions, and definitions to the Court and opposing counsel at least 7 days prior to the trial date.

CRITICALCivil cases

Service

Mail

Certified-mail proof is one of the specified alternatives for documenting the required waivers or mailings to distributees.

Sworn Waivers (except persons 12 year of age to majority) or Certified Mail proof from all known or ascertainable distributees 12 years of age or older. See Tex. Estates Code §§ 202.051, 202.052 and 202.056

CRITICALCivil cases

Service

Personal service

When personal service is required or requested for a person without an attorney of record, or service on the attorney is unsuccessful, the sheriff or constable must serve the citation or notice unless the person is absent or a nonresident, or the court orders alternate or substituted service.

Texas Estates Code Section 51.051 (b) provides that when personal service of citation or notice is required or requested on a person who does not have an attorney of record, or if an attempt of service on the attorney of record is unsuccessful, personal service of citation or notice shall be served by the sheriff or constable, unless the person to be cited or notified is absent from or is not a resident of this state or alternate/substituted service is granted by the court upon proper motion and order in accordance with the Texas Rules of Civil Procedure 106(b).

CRITICAL

Deadline

3 working days

Applies to

Setting papers

For the purpose of these rules, three (3) day notice means that three full working days must elapse between the day the responding attorney is served with the setting papers and the day of the scheduled hearing.

For the purpose of these rules, three (3) day notice means that three full working days must elapse between the day the responding attorney is served with the setting papers and the day of the scheduled hearing.

CRITICALCivil cases

Service

Mail

Send all beneficiary notices by registered or certified mail with return receipt requested.

All notices must be sent by registered or certified mail, return receipt requested.

CRITICALCriminal cases

All motions must be served in accordance with the Bexar County Courts at Law Local Rules and the Texas Code of Criminal Procedure.

ALL motions must be in writing and filed / served in accordance with the Local Rules of the Bexar County Courts at Law and the Texas Code of Criminal Procedure.

CRITICALCivil cases

Service

Personal service

File proof of personal process for each testator’s heir or an affidavit waiving process and objection.

File Proof of Personal Process to each of the testator’s heirs or Affidavit Waiving Process and Waiving Objection.

CRITICALCivil cases

If another will has been admitted to probate, give notice to its beneficiaries.

If another Will accepted into probate, notice to beneficiaries of admitted Will.

CRITICALCivil cases

Service

Mail

Within two months after qualification, you must mail each secured creditor a registered or certified letter with return receipt requested.

Within two months after your qualification, you must mail a registered or certified letter, return receipt requested, to each secured creditor of the estate.

CRITICAL

Applies to

Motion to set aside judgment nisi

A copy of the motion to set aside a judgment nisi must be served on the State's attorney under the Texas Rules of Civil Procedure.

A copy of the Motion to set aside judgment nisi must be served upon the attorney for the State according to the Texas Rules of Civil Procedure.

CRITICALCriminal cases

All evidence favorable to the Defendant must be produced.

**THE COURT FURTHER ORDERS** that under the authority of *Brady v. Maryland*, 373 US 83; 83 S.Ct. 1194 (1963), all evidence favorable to the Defendant is to be produced.

CRITICALCivil cases

File green cards or, if they were not picked up, provide proof of service; the checklist also calls for waivers on file.

___ Green card(s) filed ___ If not picked up, need proof of service. ___ Waivers on file

CRITICALCivil cases

Service

Mail

Within two months after qualification, send each secured creditor a registered or certified letter with return receipt requested.

Within two months after your qualification, you must mail a registered or certified letter, return receipt requested, to each secured creditor of the estate.

CRITICALCriminal cases

The State must make subsequent discoverable matter covered by the order available to the Defendant’s attorney within 48 hours after learning of or obtaining it.

**THE COURT FURTHER ORDERS** that this order is continuing and the State will immediately make available to the Defendant's attorney any subsequent discoverable matter within the scope of the above granted items within 48 hours of the time it learns of or obtains such discoverable matter.

CRITICALCivil cases

If a dual-compensation request is made after appointment, notice of the motion and hearing must be given to all interested parties who have appeared.

If the request is after the time of appointment, notice of the motion and hearing shall be given to all interested parties who have made an appearance in the case.

CRITICALCivil cases

Service

Publication

Serve creditors with notice by publication in a newspaper of general circulation in the county.

Within 30 days, publish your notice to creditors of the estate in a newspaper of general circulation in this county, advising all creditors of your appointment.

CRITICAL

Pleadings, pleas, motions, and applications must comply with Rule 21 of the Texas Rules of Civil Procedure.

All pleadings, pleas, motions or applications must comply with Rule 21 of the Texas Rules of Civil Procedure.

CRITICAL

Deadline

21 calendar days

Applies to

Trial setting

Twenty-one full calendar days must elapse between service of the trial setting on the responding attorney and the scheduled trial.

one (21) full calendar days (including working days, weekends, and holidays) must elapse between the day the responding attorney is served with the trial setting and the day of the scheduled tria

CRITICALCriminal cases

The State must provide the covered evidence to the Defendant’s attorney’s office by 5:00 p.m. on the 60th day after the order is signed, unless the parties agree otherwise.

**THE COURT FURTHER ORDERS** that any evidence within the scope of the items granted above be provided by the State to the Defendant's attorney's office on or before 5:00 p.m. on the 60th day after this order is signed, or otherwise by mutual agreement.

CRITICAL

A Fiat must be filed and served on all interested parties under the Texas Rules of Civil Procedure’s notice requirements, unless a specific statute governs.

a) Lead Time: Unless otherwise governed by a specific statute (e.g., Temporary Guardianships or Mental Health warrants), a Fiat must be filed and served on all interested parties in accordance with the notice requirements of the Texas Rules of Civil Procedure.

CRITICALCivil cases

Service

Personal service

For probate of only a copy of a codicil, beneficiaries of the original Will must receive personal citation or execute an affidavit waiving citation that acknowledges notice of the copy-codicil probate.

If probating a copy of a codicil only, the beneficiaries of the Original Will tendered are served with personal citation or beneficiaries must execute an affidavit waiving citation specifically stating they have received notice that a copy of a codicil is being probated.

CRITICALCivil cases

Service

Mail

Service by mail must occur at least 20 days before the return day of service.

Service by mail requires at least 20 days before the return day of service.

CRITICALCivil cases

Service

Publication

Within 30 days after qualifying, you must publish notice of your appointment to creditors in a newspaper of general circulation in the county.

Within 30 days after you have qualified (taken and filed the oath and given any required bond), you must publish your notice to creditors in a newspaper of general circulation in this county, advising all creditors of your appointment.

CRITICALCivil cases

Service

Publication

Notice to creditors must be published in a newspaper of general circulation in the county.

Within 30 days after you have qualified (taken and filed the oath and given any required bond), you must publish your notice to creditors of in a newspaper of general circulation in this county, advising all creditors of your appointment.

WARNINGCivil cases

Notice is not required for beneficiaries who appeared before the will was admitted to probate or who filed a qualifying waiver of notice.

You are not required to give notice to either (1) beneficiaries who “made an appearance” in the probate proceeding before the will was admitted to probate or (2) beneficiaries who waived the right to notice in a waiver that meets the statutory requirements and is filed with the Court.

WARNINGCivil cases

Notice is not required for beneficiaries who received all gifts within 60 days after probate or whose aggregate gifts are estimated at $2,000 or less.

You are not required to send notice to certain beneficiaries such as (1) a beneficiary who has received all gifts under the will within 60 days after the will is admitted to probate or (2) a beneficiary who is entitled to receive aggregate gifts with an estimated value of $2,000 or less.

WARNINGCriminal cases

29. If a Mass Spectrometer is used, then the following additional materials should be provided: 29.1 If a spectral library is used to examine spectra and elucidate spectra, the source of the library spectra. 29.2 The hit list and the hit histogram for the testing. 29.3 All "tune" reports ran within one year if a MS detector was used.

29. If a Mass Spectrometer is used, then the following additional materials should be provided: 29.1 If a spectral library is used to examine spectra and elucidate spectra, the source of the library spectra. 29.2 The hit list and the hit histogram for the testing. 29.3 All "tune" reports ran within one year if a MS detector was used.

WARNINGCivil cases

Service

Publication

Reasonable diligence to ascertain address is unsuccessful, request alternative service, such as publication in last known location of heir. The appointment of an attorney ad litem may be necessary.

Reasonable diligence to ascertain address is unsuccessful, request alternative service, such as publication in last known location of heir. The appointment of an attorney ad litem may be necessary.

WARNINGCivil cases

Notice is not required for beneficiaries who timely received all gifts, are entitled to gifts valued at $2,000 or less, appeared before admission of the will, or filed a qualifying waiver.

You are not required to send notice to certain beneficiaries such as (1) a beneficiary who has received all gifts under the will within 60 days after the will is admitted to probate or (2) a beneficiary who is entitled to receive aggregate gifts with an estimated value of $2,000 or less. You are not required to give notice to either (1) beneficiaries who “made an appearance” in the probate proceeding before the will was admitted to probate or (2) beneficiaries who waived the right to notice in a waiver that meets the statutory requirements and is filed with the Court.

WARNINGCivil cases

Service

Publication

Citation by publication may be used for transient persons, heirs with unknown addresses, and heirs who are not state residents.

Citation by publication may be done for transient persons, heirs with unknown address, and heirs not residents of this state.

WARNINGCivil cases

The attached administrative orders apply unless alternative service has been requested and granted under an applicable statute.

IT IS, THEREFORE, ORDERED that effective immediately, the courts shall adopt the attached administrative orders 2021-01, unless alternative service has been requested and granted pursuant to an applicable statutory provision.