Brazos County Courts at Law Service and Proof of Service Rules

CRITICAL

Applies to

Motion to withdraw

A copy of the withdrawal motion and the request for setting or notice of submission must be delivered or mailed to opposing counsel.

A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.

CRITICALCivil cases

Before moving the Ward to a more-restrictive care facility, provide notice to the Court, the Ward, and anyone who requested notice, and wait seven business days after the Court receives it.

You may not move the Ward into a more-restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice.

CRITICAL

The ad litem must ensure service is returned for the period required by Estates Code section 11051.106.

Insure service is returned for the length of time required by the Estates Code section 11051.106.

CRITICAL

Notification of a dismissal order must follow Rule 306a of the Texas Rules of Civil Procedure.

Notification of the dismissal order shall be as provided in Rule 306а of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Dismissal order notification

Notification of a dismissal order must follow Rule 306a of the Texas Rules of Civil Procedure.

Notification of the dismissal order shall be as provided in Rule 306а of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Setting request

The person filing a Setting Request must deliver a copy to every attorney of record and every pro se party in the case.

The attorney or party filing the setting request shall deliver to all attorneys of record and all parties pro se in the case a copy of the setting request.

CRITICAL

Each attorney must submit the listed trial exhibits to opposing counsel as well as the court, by the applicable scheduling-order deadline or the stated fallback deadline.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order. If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial: 1. Sworn Inventory and Appraisement; 2. Proposed Property Division; 3. Two prior years' income tax returns with all schedules and attachments; 4. Three previous month's pay stubs; 5. Proof of health and dental insurance, including the expense of the same for only the child(ren), in any, before the court; and 6. Proposed relief for that party.

CRITICALCivil cases

Before moving the Ward to a more restrictive care facility, provide notice to the Court, the Ward, and anyone who requested notice, wait seven business days after the Court receives it, and proceed only if no one objects.

You may not move the Ward into a more restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice. If nobody has objected to the proposed move, then you may move the Ward.

CRITICALCivil cases

The Court Investigator must provide the ward or proposed ward with a copy of the Order and applicable pleadings at the initial meeting.

IT IS FURTHER ORDERED that the Court Investigator shall provide a copy of this Order and any applicable pleadings, including, but not limited to, Applications for appointment of a guardian, Applications for modification of guardianship, Applications for restoration and/or Information Letters filed under Section 1102.003 of the Texas Estates Code, to the ward and/or proposed ward to discuss the contents of the Order and the applicable pleading(s) with the ward and/or proposed ward at the initial meeting with the Court Investigator, and shall investigate the ward's and/or proposed ward's conditions and circumstances to determine whether the ward and/or proposed ward is an incapacitated person and whether a guardianship is necessary for the ward and/or proposed ward.

CRITICAL

Pro se parties must provide and maintain current addresses and telephone numbers with the Brazos County Clerk.

Pro se parties shall be responsible for providing and maintaining current addresses and telephone numbers with the Brazos County Clerk.

CRITICAL

Applies to

Motion to withdraw

Without the client's written consent, the attorney must notify the client of the rights to object and request a hearing, and provide copies of the withdrawal motion and hearing-setting request or submission notice by certified mail or acknowledged-receipt email.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail notification, or by email with acknowledged receipt, of the client's right to object to the motion and the client's right to request a hearing on the client's objection together with a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.

CRITICAL

Applies to

Order granting leave to withdraw

After the order granting leave to withdraw, a copy must be sent to opposing counsel.

A copy of the order shall then be sent to opposing counsel.

CRITICAL

The applicant’s attorney must file an affidavit proving delivery of required notices.

File an affidavit with proof of deliver of required notices.

CRITICAL

Service

Personal service

The applicant’s attorney must notify all necessary parties and personally serve the proposed ward, except when the proposed ward is under 12.

1. Provide notice to all necessary parties, including personal service on the proposed ward, unless the proposed ward is under the age of 12 years.

CRITICAL

Applies to

Notice of setting

Service

Court service to all parties

The court must deliver the Notice of Setting to each attorney of record, each defendant, and the defendant’s surety bondsman at the address listed on the Setting Request.

The court shall deliver a Notice of Setting to each attorney of record, to each defendant, and to the defendant's surety bondsman at the address shown on the Setting Request.

CRITICAL

All pleadings and notices for a pro se party must be served at the address provided to the Brazos County Clerk.

The address so provided shall be used as the address for serving all pleadings and any other notices on the pro se party.

CRITICAL

On the date the document is delivered to the court coordinator, its duplicate must be sent to opposing counsel and self-represented parties by mail, email, or delivery so they can approve or object to its form or consistency with the ruling.

On the same date the document is delivered to the court coordinator, the duplicate of the document shall be mailed, emailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the court's ruling (i.e., not a re-arguement of the merits).

CRITICAL

Applies to

Order granting leave to withdraw

After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail or acknowledged-receipt email.

After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail, or by email with acknowledged receipt.

CRITICAL

The setting request must be accompanied by a certification that a copy has been mailed or delivered to all attorneys or parties of record.

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

CRITICAL

After the withdrawal order is sent to the client, a copy must also be sent to opposing counsel.

A copy of the order shall then be sent to opposing counsel.

CRITICALCivil cases

For an investigation under Section 1102.001, the Court Investigator must give the ward or proposed ward written notice of financial-record requests by the fifth day after the institution produces the records.

IT IS FURTHER ORDERED that, if an investigation is being conducted under Section 1102.001 of the Texas Estates Code, the Court Investigator shall provide written notice to the ward and/or proposed ward of the requests made by the Court Investigator to a financial institution for customer records related to the ward and/or proposed ward in connection with the guardianship investigation by no later than the fifth day after the date the financial institution produces the customer records related to the ward and/or proposed ward, pursuant to Section 1102.006 of the Texas Estates Code.

CRITICAL

A copy of the setting request must be mailed or delivered to all attorneys or parties of record, and that service must be certified.

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

CRITICAL

The attorney ad litem must ensure service is returned for the period required by the cited Estates Code provision.

Insure service is returned for the length of time required by the Estates Code section 11051.106.

CRITICAL

Applies to

Notice of intention to dismiss

Notice of intended dismissal must be given under Rule 165a to attorneys of record and pro se parties whose addresses appear in the court record.

Notice of intention to dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and parties pro se whose addresses are shown on the docket or in the papers on file.

CRITICAL

A request for an audio/video hearing must be noticed to all other attorneys as soon as possible and no later than two days before the hearing; phone notice must be lawyer-to-lawyer, and written notice must allow reasonable assurance of delivery.

To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.

CRITICAL

When the document is delivered to the court coordinator, its duplicate must be mailed, emailed, or delivered that same date to opposing counsel and pro se parties for review of its form or consistency with the ruling.

On the same date the document is delivered to the court coordinator, the duplicate of the document shall be mailed, emailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the court's ruling (i.e., not a re-arguement of the merits).

CRITICAL

Deadline

48 hours

If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court and opposing counsel and parties at least 48 hours before the hearing.

All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.

CRITICAL

The attorney ad litem must verify that required notice was given or waived and that proof is in the court file.

Review the Court's file to make sure all notice has been given pursuant to 1051.104 or a waived pursuant to 1051.106 and proof of such notices or waivers is contained in the Court's file.

CRITICAL

Opposing counsel must receive a copy of the withdrawal motion and the request for setting or notice of submission, by delivery or mail.

A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.

CRITICAL

Notice of an audio/video hearing request must be given to all other attorneys as soon as possible and at least two days before the hearing; phone notice must be lawyer-to-lawyer, while written notice must allow reasonable assurance of delivery.

To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.

CRITICAL

Applies to

Setting request

The filer of a Setting Request must deliver a copy to all attorneys of record and all pro se parties in the case.

b. The attorney or party filing the setting request shall deliver to all attorneys of record and all parties pro se in the case a copy of the setting request.

CRITICALCivil cases

Applies to

Annual report

Each time you file an Annual Report seeking to continue the guardianship, provide notice to the Ward in the Ward’s native language or preferred mode of communication.

The duty to provide notice to the Ward in the Ward's native language, or preferred mode of communication, each time you file your Annual Report that you are seeking to continue the guardianship.

CRITICALCivil cases

If the Ward is an adult, inform the Ward’s spouse, parents, children, and siblings as soon as possible if any of the listed events occurs.

If the Ward is an adult, the duty to inform the Ward's spouse, parents, children, and siblings as soon as possible if: a. the Ward dies; b. the Ward is admitted to a medical facility for acute care for three days or more; c. the Ward has moved; or d. the Ward is staying at a location other than his or her own residence for more than one week.

CRITICAL

Deadline

48 hours

Applies to

Audio video hearing documents

If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the hearing.

All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.

CRITICAL

Notice of intended dismissal must be given under Rule 165a to attorneys of record and pro se parties whose addresses appear in the court file.

Notice of intention to dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and parties pro se whose addresses are shown on the docket or in the papers on file.

CRITICAL

The address provided by a pro se party must be used for service of all pleadings and other notices on that party.

The address so provided shall be used as the address for serving all pleadings and any other notices on the pro se party.

CRITICAL

Applies to

Trial exhibits

Each attorney must provide the listed exhibits to opposing counsel as directed by the Scheduling Order or Docket Control Order.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order.

CRITICAL

After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail or acknowledged-receipt email.

After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail, or by email with acknowledged receipt.

CRITICAL

Without the client's written consent, the attorney must send the client notice of the rights to object and request a hearing, along with copies of the withdrawal motion and the request for setting or notice of submission, by certified mail or acknowledged-receipt email.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail notification, or by email with acknowledged receipt, of the client's right to object to the motion and the client's right to request a hearing on the client's objection together with a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.

CRITICAL

Service

Personal service

The applicant’s attorney must notify all necessary parties and personally serve the proposed ward unless the ward is under 12.

Provide notice to all necessary parties, including personal service on the proposed ward, unless the proposed ward is under the age of 12 years.

WARNING

Service

Court service to all parties

The court must deliver a Notice of Setting by any reasonable means to each attorney and pro se party at the physical or electronic mailing address on file.

The court shall direct delivery by any reasonable means a Notice of Setting to each attorney of record and party pro se at the physical or electronic mailing address in the court's file.

WARNING

The requesting party must notify all attorneys of record or pro se parties of the setting when these rules or other applicable law require notice.

The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.

WARNING

The court must deliver a Notice of Setting by any reasonable means to each attorney of record and pro se party at the physical or electronic mailing address on file.

The court shall direct delivery by any reasonable means a Notice of Setting to each attorney of record and party pro se at the physical or electronic mailing address in the court's file.

WARNING

When these rules or other applicable law require it, the requesting party must notify all attorneys of record or pro se parties of the uncontested or ex parte setting.

The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.

WARNING

The Court must give attorneys and other parties of record written notice that a case will be dismissed for want of prosecution.

Pursuant to Rule 165a, T.R.C.P., the Court shall give notice to attorneys and any other party of record in writing that certain cases will be dismissed for want of prosecution.

CRITICAL

The filer must mail or deliver a copy of the Setting Request by any reasonable means to all attorneys of record and pro se parties.

The attorney or party filing the setting request shall mail or deliver, by any reasonable means, a copy of the setting request to all attorneys of record and all parties pro se.

CRITICAL

The person filing a setting request must send a copy by mail or another reasonable means to all attorneys of record and pro se parties.

The attorney or party filing the setting request shall mail or deliver, by any reasonable means, a copy of the setting request to all attorneys of record and all parties pro se.